CHHOTE @ SANJEEV KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397/401 of Cr.P.C.has been filed by the petitioner/accused against the Judgment dated 6.5.06 passed in Criminal Appeal No.216/2005 by learned 4th Addl. Sessions Judge, Jabalpur whereby the accused has been convicted under Section 354 of IPC, and sentenced to undergo R.I. for fifteen days and fine of Rs.5000/- with default stipulation, modifying the judgment passed by learned JMFC, Jabalpur on dated 15.04.05 in Case No. 277/04 whereby the accused was convicted under Section 354 of IPC and sentenced to undergo R.I. for three months.

(2.) The facts in brief are that on 28.11.02 at about 8.30 PM while the prosecutrix was going to her sister's house, at that point of time, the accused came over there, caught hold the hand of prosecutrix and used criminal force against her with an intention to outrage her modesty. It is alleged that somehow prosecutrix rescued and reached to her house. FIR (Ex.P/1) was lodged as Crime No.709/02 under Section 354 of IPC against the accused at PS-Ranjhi, District-Jabalpur. The accused was arrested and after usual investigation charge sheet was filed.

(3.) Learned trial Court framed charges punishable under Section 354 of IPC against the accused who abjured his guilt; therefore, he was put to trial.