SUNIL KUMAR Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C. has been filed by the applicant assailing the judgment of conviction dated 18.12.2015, delivered by learned Sessions Judge, Chhatarpur, in Criminal Appeal No.425/2013, arising out of judgment and finding dated 30.10.2013, delivered in Criminal Case No.1936/2012, by the learned Judicial Magistrate First Class, Chhatarpur, whereby the applicant has been convicted under Sections 354 and 323 of IPC and sentenced to undergo six months rigorous imprisonment and to pay a fine of Rs.500/-, and fine of Rs.500/- respectively, with default stipulations.

(2.) The prosecution case in short is that on 23.11.2012 at about 02:00 am the complainant-Neha Gupta was alone at her house. Her husband was in the fields. When she went to throw the debris, out of her house, at that time the applicant came there. He caught hold her hand and squeezed her breast. When the complainant started crying, the applicant fled away from there. The complainant received injury on her wrist from bangles. An FIR was lodged by the complainant under Crime No.164/2012 for the offences punishable under Sections 354, 323 and 506-B of IPC. After due investigation the applicant was charge-sheeted.

(3.) Learned trial Court framed the charges against the applicant for the offence punishable under Sections 354, 323 (two counts) and 506 Part-II of IPC. The applicant abjured his guilt and therefore, he has set for trial.