LAWS(MPH)-2012-2-289

GHANSU @ GHANSHYAM Vs. STATE OF M P

Decided On February 28, 2012
Ghansu @ Ghanshyam Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This revision has been preferred against the judgment dated 21st March, 2002 passed by Sessions Judge, Bhopal in Criminal Appeal No. 26/2002 convicting the petitioner under section 452 IPC and sentenced to 1 year R.I and with fine of Rs.500/- and further convicting him under section 354 IPC and sentenced to 6 months R.I and with fine of Rs.250/- fine. Appellate Court confirmed the judgment dated 21/01/2002 of JMFC, Bhopal passed in Regular Criminal Case No. 330/1998.

(2.) Facts of the case in short are that on 13/02/1998 at about 5.00 PM while prosecutrix, aged 20 years (PW-1) was cooking food in house, the petitioner entered in her house and subjected her to some indecent assault. Prosecutrix (PW-1) tried to save herself and offered resistance, petitioner ran away from the spot.

(3.) In view of the evidence of prosecutrix (PW-1), it is apparently clear that petitioner entered in the house of prosecutrix with ulterior motive and assaulted her in indecent manner. While prosecutrix (PW-1) tried to hit him with Belan, he ran out of the house and jumped in neighbouring house. On perusal of cross-examination of prosecutrix nothing revealed of that sort which render her unworthy of credence.