SAMAH THAPU ABRAHAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this petition under Article 482, Cr.P.C., the petitioner has sought the following relief:

(2.) The petitioner was prosecuted under Section 376/511, IPC. However, after concluding the entire trial, the learned Additional Sessions Judge came to hold that no offence under Section 376/511, IPC is made out. However, on the basis of the evidence placed on record, the trial Court came to the conclusion that the petitioner did commit offence under Section 354, IPC and eventually convicted him under the said offence and passed sentence to suffer R.I. of one year and fine of Rs. 1000/- failing which further R.I. of three months.

(3.) The judgment of learned trial Judge was assailed by the petitioner by preferring an appeal before this Court which was registered as Criminal Appeal No. 1381/1995 and this Court by maintaining the conviction of the petitioner under Section 354, IPC, modified the jail sentence and directed to suffer R.I. of one month and the amount of fine was enhanced from Rs. l,000/- to Rs.2000/-. Hence this petition for review/modification has been filed by the present petitioner.