GHANSHYAM Vs. STATE OF MP

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.) IT is submitted by learned counsel for the petitioner that petitioner has suffered custody from 13/02/1998 to 02/03/1998 pending trial and appeal. Further he has suffered custody from 21/03/2002 to 23/04/2002 pending this revision. This incident took place in the year 1998. IT is further submitted that after about 23 years of the incident no useful purpose would be served in sending the petitioner back to jail .