AVINASH Vs. STATE OF M.P.

JUDGEMENT

(1.) THE sole accused has preferred this revision against his conviction u/s 377 IPC and sentence imposed against him. The trial Court sentenced him to undergo R.I. for 03 years but the appellate Court while confirming the conviction has reduced the sentence to R.I for 1 year and fine of Rs. 1,000/ -.

(2.) THE learned counsel for the applicant argued that a false case was filed against the applicant on account of some altercation between the applicant and Shivraj (PW 4). The prosecution case is that on 3.9.89 the applicant was playing a game of cards in Laxminarayan Lodge at Nayapara. It is stated that the applicant, Shivshanker (PW 1), aged 13 years and his elder brother Shivraj (PW 4), aged 18 years slept in the same room. There was a quarrel between the applicant and Shivraj (PW 4) regarding the putting off the light.

(3.) THE learned counsel for the applicant argued that the prosecution case is entirely false; that PW 4 and his uncle have pushed him out of the room from the lodge with holding his luggage; that thereupon the applicant went to the police station and lodged the report and it is as a counterblast that the F.I.R. in this case has been lodged at about LJ.30 a.m. on the next day.