LAWS(MPH)-2005-11-46

STATE OF MADHYA PRADESH Vs. BHOJPAL

Decided On November 22, 2005
STATE OF MADHYA PRADESH Appellant
V/S
BHOJPAL Respondents

JUDGEMENT

(1.) FEELING aggrieved by the judgment of acquittal passed by learned Judicial magistrate First Class, Mehgaon district Bhind in Criminal Case No. 756/97 whereby the respondent/accused has been acquitted for the offence punishable under Section 354 of IPC, the appellant has knocked the door of this Court by preferring this appeal.

(2.) NO exhaustive statement of facts are necessary for the disposal of this appeal. Suffice it to state that Ad diam on 29-7-1991 when the prosecutrix was sleeping in her hut and her husband was not with her, at that juncture the accused entered inside the hut and caught hold her breast. He also torn the blouse which she was wearing, as a result of which she scolded and on hearing her shriek, Rajesh, Sahib Singh and Shivcharan arrived at the spot. The matter was reported to the police station by the prosecutrix. On lodging of the First information Report, the criminal law was set in motion. The investigating agency arrived at the spot, prepared the spot map, recorded statements of the witnesses and completed the investigation.

(3.) A charge sheet was submitted in the Competent Court. The Trial court on scrutiny of the charge sheet found that the offence under Section 354 ipc has been prima facie made out and eventually framed charge under the said section. Needless to emphasise, the accused abjured his guilt. His defence is of false implication.