SHIVCHARAN Vs. STATE OF M.P.

JUDGEMENT

(1.) THE applicant was convicted for offence punishable under Sections 354, 323, 506 of I.P.C and sentenced with three months rigorous imprisonment for each count vide judgment dated 13.9.2001 passed by the JMFC, Multai, District Betul in Criminal Case No.299 of 1994. Also his Criminal Appeal No.16 of 2001 was dismissed by the the learned Additional Sessions Judge, Multai vide judgment dated 15.9.2003. Being aggrieved with the aforesaid judgments passed by both the Courts below the applicant has preferred the present revision.

(2.) THE prosecution's case in short is that on 26.4.1994 at about 8.00 p.m the prosecutrix (PW1) was going to her field situated at Village Jambadi (Tahsil Multai, District Betul), when she passed in front of the house of the applicant, then applicant asked her as to where she was going and thereafter, he started chasing. Near the river, the applicant held the prosecutrix and also pressed her breasts. He threw the prosecutrix on earth by holding her neck and sat on her chest and thereafter, he tried to kill the prosecutrix by throttling. In the meantime, Jaganlal (PW2) and Pandu, brothers of the prosecutrix came to the spot then, the applicant ran away. Before leaving the spot, he showed a knife and threatened the prosecutrix not to tell about the incident to the family members. Dinesh Kirad saw the applicant when he was running. The prosecutrix gave a written report Ex.P/1 to the Police Station, Multai, she was directed for her medico legal examination to Primary Health Centre, Multai. Dr. R. S. Pade (PW3) examined the prosecutrix and gave his report Ex.P/2. He found two scratches to the prosecutrix on his neck. After due examination, a charge sheet was filed before the trial Court.

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