SHIV KUMAR 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 06.11.2006 passed by learned Sessions Judge, Balaghat, in Criminal Appeal No.82/2006 affirming the judgment of conviction and order of sentence dated 27.07.2006 passed in Criminal Case No.1573/2006 passed by learned C.J.M., Balaghat, whereby the applicant/accused person has been convicted under Section 354 of IPC and sentenced to undergo R.I. for four months with fine of Rs.1000/-, with default stipulation.

(2.) Brief facts of the case are that on 03.06.2005 at night at about 10 pm when complainant was sleeping after taking dinner and her husband, father-in-laws and mother-in-laws were also sleeping there, at that time applicant/accused came over there and caught hold complainant hand with intention to outrage her modesty and asked to come towards Bandhi. At that time husband of the complainant, her father-in-law and mother-in-law awake, then applicant ran away from the spot. Thereafter, on the next day the prosecutrix lodged a report against the applicant on 04.06.2005 at Police Station Bahela, District Balaghat. After due investigation, a charge-sheet has been filed before learned C.J.M., Balaghat for the offence punishable under Section 354 of IPC.

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