BALLA BALAI Vs. STATE OF MP

JUDGEMENT

(1.) (28/2/2012) The Judicial Magistrate First Class, Patan (Shri Gajendra Singh) vide judgment dated 13.9.2004 passed in Criminal Case No.885/1997 convicted the applicant for commission of offence punishable under Section 354 of IPC and sentenced for six months' rigorous imprisonment. In Criminal Appeal No.300/2004, 7th Additional Sessions Judge, Jabalpur confirmed the judgment of the learned JMFC, Paten and dismissed the appeal vide judgment dated 30.12.2004. Being aggrieved with the judgments of both the Courts below, present criminal revision is preferred by the applicant.

(2.) PROSECUTION case, in short, is that on 5.9.1997 at about 11:00 AM in the morning, the prosecutrix (PW-1) went to river side in village Bhairavghat to answer her call of nature. The applicant went to the spot and told her some obscene words and snatched her sari. On her shouting, the applicant ran away. The prosecutrix (PW-1) lodged the FIR Ex.P-1 on the very same day. After due investigation, challan was filed before the competent Magistrate.

(3.) HEARD the learned counsel for the parties.