MANBHARAN PRASAD PANDEY Vs. STATE OF M P

JUDGEMENT

(1.) The applicant has preferred the present revision against the judgment dated 4.2.2000 passed by the learned Additional Sessions Judge and Special Judge under SC/ST (Prevention of Atrocities) Act, Rewa in criminal appeal No.313/1999, whereby the judgment dated 22.11.1999 passed by the learned JMFC, Teonthar, District Rewa in criminal case No.114/1992 was dealt with and modified. Ultimately, the applicant was convicted for the offence punishable under section 324 of IPC and sentenced with jail sentence of till rising the Court with fine of Rs.2,000/-.

(2.) The prosecution's case, in short, is that, on 6.1.1992, at about 8.30 p.m., the applicant held the Criminal Revision No.609 of 2000 prosecutrix by her neck and closed her mouth to outrage her modesty. He assaulted the victim by knife and stone. The incident took place at village Chakghat, Police Station Sohagi, District Rewa.

(3.) After considering the evidence adduced before the trial Court, the learned JMFC, Teonthar convicted the applicant for offence punishable under sections 354 and 324 of IPC and sentenced with 9 months rigorous imprisonment with fine of Rs.100/- for each count. However, in the appeal, the learned Additional Sessions Judge acquitted the applicant from the charge of offence punishable under section 354 of IPC. However, conviction for offence punishable under section 324 of IPC was maintained and the applicant was sentenced as above.