RAM GOPAL Vs. STATE OF M P

JUDGEMENT

(1.) This revision under Section 397/401 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code' for short) has been filed by the applicant/accused person against the judgment of conviction dated 26.08.2004 passed by learned Vth Additional Sessions Judge, Sagar, in Criminal Appeal No.95/2004 affirming the judgment of conviction and order of sentence dated 12.07.2004 passed in Criminal Case No.169/2000 passed by J.M.F.C., Sagar, whereby the applicant/accused person has been convicted under Section 354 of IPC and sentenced to undergo R.I. for two years with fine of Rs.3000/-, with default stipulation.

(2.) Brief facts of the case are that on 20.04.1999 at about 05.00 pm, when prosecutrix Ku. Neetu was alone in her home at Rajeev Nagar, Sagar, at that time, accused came into her house and requested her to visit his house for cooking food. When she went to his house for some work, the accused caught hold her hand and tried to outrage her modesty. At that point of time, on account of her cry, Kissu came there and taken away to the prosecutrix from the spot. The matter was informed by her to her parents, thereafter, the prosecutrix lodged a report against the applicant on 21.04.1999 at Police Station Motinagar, Sagar. After due investigation, a charge-sheet has been filed before learned C.J.M., Sagar for the offence punishable under Section 354 of IPC, who tried the case.

(3.) Applicant denied all the charges leveled against him, hence he was put to trial.