MUKESH VERMA Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment dated 11.7.2013 passed by learned 10th Additional Sessions Judge, Bhopal in Criminal Appeal No.64/2013 maintaining his conviction and sentence for the offence punishable under Section 354 IPC thereby sentencing him to suffer 6 months R.I. and fine of Rs.300/-; in default of payment of fine to further suffer simple imprisonment of 15 days passed by learned Additional Chief Judicial Magistrate, Bhopal in Criminal Case No.3678/2012 vide judgment of conviction and order of sentence dated 24.12.2012, the applicant has preferred this revision application under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973.

(2.) No exhaustive statements of fact are required to be narrated for the purposes of disposal of this revision application. Suffice it to say that for the charges punishable under Section 354 and 506 Later Part IPC the applicant was tried and the charges were found to be proved. However, the appellate Court acquitted the applicant from the charge punishable under Section 506 Later Part IPC but affirmed his conviction and sentence under Section 354 IPC.

(3.) The contention of learned counsel for the applicant is that the prosecutrix has not at all stated anything in order to infer that the applicant tried to outrage her modesty and if that is the position the learned two Courts below erred in convicting the applicant under Section 354 IPC. Learned counsel further submits that there is no cogent evidence in order to convict the applicant under Section 506 Later Part IPC. An alternative submission has also been put forth by learned counsel for the applicant that out of total period of custody of six months, the applicant has already suffered Jail sentence of two months and he be enlarged for the period he had already undergone.