CHHABILAL Vs. STATE OF M P

JUDGEMENT

(1.) By means of filing present Revision under Section 397/401 of the Code of Criminal Procedure, 1973, the applicant has assailed the judgment of conviction and order of sentence dated 15/6/2004 passed by learned IIIrd Additional Sessions Judge, Katni (Fast Track Court) in Criminal Appeal No.34/2002 affirming the judgment of conviction and order of sentence dated 11/4/2002 passed by learned Judicial Magistrate, First Class, Katni in Criminal Case No.1459/2000 whereby the applicant was convicted under Sections 457 and 354 of IPC and sentenced him undergo rigorous imprisonment for one year with fine of Rs.200/- and rigorous imprisonment for six months respectively, with default stipulation.

(2.) The case of the prosecution in nutshell is that on 18/4/1995 at about 10 PM when the prosecutrix was sleeping at her house, at that point of time, then the applicant knocked the door and after opening of the door, the applicant entered into the room forcibly, provoked the prosecutrix and tried to outrage her modesty by using criminal force. On raising the alarm, when neighbours reached there, they saw that the applicant was running from her house. When her husband and father-in-law came on 27.4.1995, she narrated the incident to them.

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