RAMKISHORE Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal revision under Section 397/401 of the Code of Criminal Procedure, 1973, hereinafter referred to "the Code", has been filed by the petitioner against the judgment dated 29.01.2010, delivered in Criminal Appeal No.355/2009, by learned Fifth Additional Sessions Judge, Sagar, District Sagar, arising out of judgment of conviction and sentence delivered by learned Judicial Magistrate First Class, Devri, District Sagar dated 09.11.2009, in Criminal Case No.491/2008, whereby the petitioner was convicted under Sections 354 and 451 of IPC and sentenced to undergo S.I. for 01 month with fine of Rs.500/- and S.I. for 01 month with fine of Rs.500/- respectively, with default stipulations.

(2.) The case of the prosecution in a nutshell is that the complainant-Hallu Patel (PW-1) lodged a report alleging that on 22.05.2008 at 9 o'clock when the complainant after fetching water from the Well, reached his house, he saw that the petitioner was running from his house and her daughter was crying in a courtyard. On asking she said that the petitioner caught hold her and put her hand inside her underwear and also touched her breast and on her hue and cry, he fled from the house. On report by the complainant-Hallu (PW-1) the police of Police Station Devri, District Sagar registered the offence against the petitioner under Sections 354 and 452 of IPC. After due investigation, challan was filed against the accused-petitioner.

(3.) Learned trial Court framed charges punishable under Sections 354 and 452 of IPC against the present petitioner, who abjured his guilt, therefore, he was put to trial.