MUKESH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This revision is directed on behalf of the applicant/accused under section 397/401 of the Cr.P.C, being aggrieved by the judgment dated 14.7.2011 passed by the Sessions Judge, Dindori in Criminal Appeal No.16/11 whereby the judgment dated 4.2.2011 passed by the JMFC Dindori in Criminal Case No.855/10 convicting and sentencing the applicant under section 354 and 451 of the IPC for RI six months in the earlier section while RI six months with fine of Rs.200/- in the later section, has been affirmed.

(2.) The facts giving rise to this revision in short are that the on 31.7.2010 between 5-6 O' Clock in the evening, the prosecutrix Kavita after alighting from the bus in her village, was going towards her home. On the way, the applicant who was standing with his bicycle, in front of some shop, came near to her and started funny activities with her. In continuation, he asked to do some bad act with her. She refused the same and went away to her home, where she narrated the incident to her mother Savitri Bai. At the same time, the applicant accompanied with his brother Sukhchain, came there and after entering in their house started quarreling, also gave threat to kill them. On shouting by the prosecutrix as well as by her mother, Sunil Kumar and Rukmani Bai came to rescue them. Thereafter the applicant and his brother fled away from the place. Immediately after the incident, the prosecutrix, accompanied with her mother, went to Police Station Dindori and lodged the report Ex.P/1, on which, after registration of the offence of section 452,354 read with section 34 and section 506 of the IPC against the applicant and his brother Sukhchain, the investigation was held. On completion of the same, the applicant accompanied with other accused, were charge sheeted for the offence of section 452,354/34 and 506 of the IPC.

(3.) On framing the charges of section 452,354 and 506 of the IPC, the applicants abjured the guilt, on which, the trial was held. On appreciation of the same, both the accused were convicted only under section 451 and 354 of the IPC and punished with the above-mentioned sentence by the trial court. On filing the appeal, by allowing the same in p art, the other co- accused was acquitted while, dismissing the appeal of the present applicant, his conviction and sentence has been affirmed, on which, he has come to this court with this revision.