PRAKASH Vs. THE STATE OF MADHYA PRADESH

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 28.05.2015 passed by the learned IIIrd Additional Sessions Judge, Khandwa in Criminal Appeal No.225/2014 arising out of the judgment of conviction and order of sentence dated 04.09.2014 passed by learned Judicial Magistrate, First Class, Khandwa in Criminal Case No.3784/11, whereby the applicant was convicted under Sections 354 of IPC and sentenced to undergo rigorous imprisonment for one year with fine of Rs.500/-, with default stipulation.

(2.) The case of the prosecution in nutshell is that on 13.11.2011 in the day time at about 1 PM when the prosecutrix was at her field, at that point of time, the applicant came over there and requested for help to carry bundle of woods and when she was trying to lift the bundle, the applicant caught hold her hands, tumbled her in the ground and squeezed her breast. She managed to escape and told the incident to her husband. Thereafter, she lodged an FIR in the police station Chhaugaonmakhan, District Khandwa and an offence under Sections 294, 323, 354 & 506 of IPC was registered against the applicant. After due investigation, a challan was filed against the applicant before the competent Court of jurisdiction.

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