DAMODAR ALIAS DAMOL Vs. STATE OF M. P.

JUDGEMENT

(1.) This Criminal Revision under Sec. 397/401 Cr.P.C. has been filed by the petitioner against the judgment dtd. 19/1/2022 passed by First Additional Sessions Judge, Guna in Criminal Appeal No.500089/2016, by which his appeal has been dismissed and the Appellate Court maintained the conviction and sentence passed by the Additional Chief Judicial Magistrate, Guna in Criminal Case No. 2311/2011, by which the petitioner has been convicted for the offence under Sec. 354 of IPC and sentenced to rigorous imprisonment for one year with fine of Rs.500.00.

(2.) Brief facts necessary for disposal of this revision are that on 28/9/2011 at 12.30 PM prosecutrix, a married lady, aged about 35 years lodged an FIR against petitioner and two others at Police Station Fatehgarh, District Guna alleging that on the date of incident on 27/9/2011 in the evening at 7.00 PM she was returning from market. On the way she met accused Nandlal and petitioner Damodar on one motorcycle and on another motorcycle co-accused Man Singh. Man Singh told her that he is going to Badhuria and will drop her at her house. On his invitation she sat on his motorcycle. All of them stopped in Badhuria crossing and thereafter accused Man Singh with bad intention caught hold of her hand. When she objected, another accused Nandlal with bad intention caught hold of her another hand. Thereafter petitioner Damodar pressed her breast. She cried and after leaving them ran away. Her sister-in-law (Bhabhi) came there and on seeing her they started abusing her with filthy language and threatened her by saying that if you lodge report she will be killed. Thereafter along with her sister-in-law she came to her house and narrated the story to her husband and lodged report. On her report, crime under the aforesaid offence was registered. She was sent for medical examination. No external injury was found. Accused persons were arrested. After investigation, charge sheet has been filed.

(3.) Learned trial Magistrate convicted the petitioner along with accused Man Singh for the offence under Sec. 354 of IPC and sentenced to one year rigorous imprisonment with fine of Rs.500.00. His appeal was dismissed by Appellate Court. After dismissal of appeal, petitioner has surrendered on 3/3/2022 and since then he is in jail custody.