GAJANAND Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE applicant was convicted for the offence punishable under sections 452, 354 of IPC and sentenced for 3 months rigorous imprisonment with fine of Rs.500/ - for each count vide judgment dated 19.5.2010 passed by the learned JMFC, Seoni in criminal case No.4039/2008. His appeal No.70/2010 was dismissed in toto vide judgment dated 20.10.2010 by the learned Sessions Judge, Seoni. Being aggrieved with the aforesaid judgments, the applicant has preferred the present revision.

(2.) THE prosecution's case, in short, is that, on 28.12.2008, at about 7 a.m., the prosecutrix (P.W.1) was sweeping inside her house, situated at Gwari Mohalla, Village Khami, Police Station Barghat, District Seoni. The Criminal Revision No.1746 of 2010 applicant went inside the house from the back door and held her hand. He tried to close her mouth and snatched her with bad intention. In scuffling, the bangles of the prosecutrix were broken and the prosecutrix sustained some injuries. The applicant assaulted her by a chappal. On shouting of the prosecutrix, Rikhiram (P.W.2), Shivram and Bhurkan Bai (D.W.1) came to the spot but, the applicant left the spot immediately. The prosecutrix had lodged a written report, Ex.P/1 at Police station Barghat and therefore, case was registered with FIR, Ex.P/2. After due investigation, a charge -sheet was filed before the trial Court.

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