LALLU SUMAN CHOUDHARI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 09.05.2012 This petition has been preferred against judgment dated 15.09.2009 passed by III Additional Sessions Judge (FTC) Katni in Criminal Appeal No.87/2008 confirming the judgment dated 24.05.2008 passed by Judicial Magistrate First Class, Katni in Criminal Case No.647/2004, convicting the petitioner under Section 451 and 354 of IPC and sentenced to 6 months R.I. with fine of Rs.500/ and 6 months R.I. with fine of Rs.1,000/ respectively.

(2.) FACTS of the case, in short, are that on 08.10.2004 while prosecutrix aged 25 years (PW 1) was alone in her house and was taking care of cattles, petitioner entered into house and subjected her indecent assault. On raising alarm husband of petitioner reached on the spot and then petitioner ran away of the house. Prosecutrix PW 1 lodged FIR Ex. P 1 at police station Badwara. A case at Crime No.154/2004 under Section 456 and 354 of IPC was registered against the appellant. Spot map was prepared by the police. Petitioner was arrested on 09.10.2004. After completing investigation, charge sheet was submitted by police in the court of concerned magistrate. 2 Cr.R.No.1658/2009

(3.) IN view of the evidence of prosecutix PW 1 which finds corroboration on the evidence of her husband Salua, it is clear that the petitioner forcibly entered into her house and assaulted her to outrage her modesty. IN her cross examination nothing came on record which can render her evidence untrustworthy and doubtful. I see no reason to interfere in the concurrent findings of the courts below. I hereby affirm the finding of conviction of the appellant under Section 451 and 354 of IPC given by the courts below.