SANJAY KUMAR CHOUDHARY Vs. STATE OF MP

JUDGEMENT

(1.) /03/2012 This appeal has been preferred against the judgment dated 24/04/1997 passed by Sessions Judge, Hoshangabad in S.T. No. 166/1996 convicting the appellant under section 354 IPC and sentenced him to 6 months R.I and fine of Rs.1000/- .

(2.) FACTS of the case in short are that on 08/03/1996 at about 9.30 pm while prosecutrix, aged 15 years (PW-3) had gone to answer call of nature near Nala back side of her house, was subjected to some indecent assault by appellant. On raising alarm Triveni Bai, aunt of the prosecutrix (PW-1) reached on the spot. Appellant seeing them ran away from the spot. Prosecutrix (PW-2) narrated incident to her family members and lodged FIR Ex.-3 at police station Hoshangabad. A case at Crime No. 151/1996 under section 376/511 IPC was registered against the appellant. Appellant was arrested on 09/03/1996. Prosecutrix was sent for her medical examination.

(3.) THIS appeal has been preferred by the appellant on the grounds that appreciation of evidence is not proper. It has clearly come in prosecution evidence that this report has been lodged by prosecutrix while she did not get money demanded by her. Conviction is based on doubtful and insufficient evidence. Conviction is bad in law and sentence is harsh. On the other hand, learned Panel Lawyer supported the findings of conviction and sentence both.