SURESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant has been convicted of offence punishable under Sections 354 and 451 of IPC and sentenced to 6 months simple imprisonment with fine of Rs.300/ - and 6 months simple imprisonment with fine of Rs.200/ - respectively vide judgment dated 10.10.2006 passed by the learned JMFC, Waraseoni in criminal case No.1128/2006. In criminal appeal No.113/2006 vide judgment dated 5.9.2007, the learned First Additional Sessions Judge, Waraseoni dismissed the appeal in toto. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 3.11.2005 the prosecutrix (P.W.1) was present in her house, situated at village Khairlanji, Police Station Rampayali, District Balaghat. At about 2.30 p.m. the applicant entered in her house and asked about her family members. When he was informed that there was nobody in the house, the applicant held one hand of the prosecutrix and pressed her breasts. When the prosecutrix started weeping the applicant gave 2 -3 slaps on her right cheek. Thereafter, the applicant left her house because the prosecutrix was continuously weeping. In the evening, when parents of the prosecutrix came back, she narrated about the incident to them. On the next day morning, she went to the outpost Khairlanji and lodged an FIR. The police registered a case and after due investigation, a charge -sheet was filed before the concerned JMFC.

(3.) THE learned JMFC after considering the prosecution's evidence, convicted and sentenced the applicant as mentioned above, whereas appeal filed by the applicant was dismissed in toto.