MANOJ JHARIA Vs. STATE OF M P

JUDGEMENT

(1.) This revision petition has been preferred by the applicants under Section 397/401 of the Cr.P.C. being aggrieved by judgment dated 8.5.2006 passed by Tenth Additional District Judge, Jabalpur in Criminal Appeal No. 595/2005 affirming the conviction and sentence recorded by JMFC, Jabalpur in Criminal Case No. 261/2004 vide order dated 17.11.2005 whereby the applicants have been convicted under Section 377/34 of the IPC and sentenced to R.I. for 3 years and fine of Rs. 200/- with default stipulation.

(2.) The facts, in short, giving rise to this petition are that on 27.12.2001 at about 10:30 AM when complainant Lakhan Lal (PW-1) was standing at Tripuri Square, applicants came there and told him to accompany them for taking bath at Tilwaraghat, on which the complainant agreed, thereafter, all of them had gone to Tilwaraghat and took a bath returned to home.

(3.) The complainant lodged the report (P-1) on the next day i.e. on 28.12.2001. The complainant was sent for medical examination. Dr. Ashok Jain (PW-5) examined the complainant and submitted report (P-4).