SUKHENDRA VERMA Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for the offence punishable under section 354 of IPC vide judgment dated 3.3.2012 passed by the learned JMFC, Satna (Shri S.K.Shrivastava) in criminal case No.3910/2008 and sentenced for 6 months' rigorous imprisonment. In criminal appeal No.121/2012 vide judgment dated 21.9.2012, the learned Additional Sessions Judge, Satna dismissed the appeal in toto. Being aggrieved with the judgments passed by both the Courts below, the applicant has preferred the present revision.

(2.) The prosecution's case, in short, is that, on 12.10.2008, the prosecutrix (P.W.1) had lodged an FIR at police station Kolgawan, District Satna that at about 6 p.m. in the evening, when she was coming back to her house, situated at village Kripalpur (Police Station Kolgawan, District Satna), after answering the call of nature then, the applicant put his hand on the shoulder of the prosecutrix with bad intention and thereafter, when she retorted, the applicant pushed her on the Earth. On her shouting, the witnesses came and thereafter, the applicant and his companions ran away from the spot. A case was registered and after due investigation, a charge-sheet was filed before the trial Court.

(3.) The applicant was tried with one Umesh Choudhary in the case. The applicant abjured his guilt. He took a plea that he was falsely implicated in the matter due to enmity. Satyendra Verma (D.W.1), Chandra Prakash Choudhary (D.W.2) and Shriram (D.W.3) were examined in defence.