RAMLAL @ LALI Vs. STATE OF M P

JUDGEMENT

(1.) The applicant was convicted for offence punishable under Section 354 of I.P.C vide judgment dated 10.5.2012 in Criminal Case No.2651/2009 passed by the Judicial Magistrate First Class, Narsinghpur (Shri R.S. Kanojya) and sentenced for one years rigorous imprisonment with fine of Rs.1000/-. In Criminal Appeal No.86 of 2012 the learned Sessions Judge, Narsinghpur vide judgment dated 24.1.2013 dismissed the appeal. Being aggrieved with both the judgments the applicant has preferred this revision.

(2.) The facts of the case in short are that, on 4.10.2009 at about 9.00 a.m in the morning the prosecutrix (PW1) was going to reap up the crop of Soyabean in the field of Kandi Patel at Village Devnagar, Police Station Gotegaon, District Narsinghpur. She was accompanied by her younger sister. In the way the applicant met her and a talk took place. The prosecutrix warned the applicant not to touch but then the applicant pressed her breasts from the back. The applicant chased the prosecutrix also but ultimately the prosecutrix reached to the place where her parents were working. An FIR Ex.P/1 was lodged against the applicant at Police Station Gotegon. After due investigation a charge sheet was filed.

(3.) The applicant abjured his guilt. He took a place that he saw the prosecutrix with one Kandhu and there was an apprehension to the prosecutrix that the applicant would inform all the villagers about that incident and therefore, due to instigation of Kandhu a false case was lodged against the applicant. In defence Lochan Singh (DW1) was examined.