MATADIN Vs. STATE OF M P

JUDGEMENT

(1.) This criminal revision under Section 397 r/w 401 of the Cr.P.C. is preferred by the applicant against the judgment of conviction and order of sentence dated 15.03.2012 passed by the First Additional Sessions Judge, Tikamgarh in Criminal Appeal No.142/10, whereby his appeal under Section 374 of the Cr.P.C. is partly allowed affirming his conviction under Sections 354 and 323 of the IPC but modifying the sentences thereunder as recorded by the Judicial Magistrate First Class Jatara (Shri P.K. Bandil) vide judgment dated 08.04.2010 passed in Criminal Case No.1550/06. Be it noted that the learned trial Judge sentenced the applicant under Sections- 354 IPC to suffer R.I. for six months with a fine of Rs.500/- with default stipulation and 323 IPC to suffer R.I. for three months with a fine of Rs.500/- with default stipulation. However, the substantive jail sentences were directed to run concurrently. Whilst, the learned appellate Judge reduced the jail sentence under Section 354 IPC to R.I. for three months and set aside the jail sentence under Section 323 IPC maintaining the sentences of fine in both the Sections.

(2.) The brief facts of the prosecution case are that in the evening of 27.07.2006, the prosecutrix (PW-1) was returning to her house situated in village Maheba Chakra from her agriculture field. Behind her with some distance her daughterin-law Bina (PW-2) and her son Pappu (PW-3) were coming. At about 07.00 p.m., the prosecutrix was proceeding in front of the house of the applicant. At that time, the applicant was sitting outside of his house. Seeing the prosecutrix alone, the applicant caught hold of her and pressed her breasts with sexual intent. Upon her outcry, her daughter-in-law Bina and son Pappu came running to the place of occurrence. Seeing them the applicant fell the prosecutrix down to the ground. As a result, she sustained injuries on her right knee, right hand wrist and chest. On 28.07.2016 at about 10.00 a.m. she lodged the FIR at Police Station Lidhaura of Tikamgarh district. Thereupon, a case at Crime No.111/2006 was registered against the applicant under Sections 354 and 323 IPC. On 28.07.2006, Dr. N.N. Nayak (PW-4) medico-legally examined the prosecutrix and gave the M.L.C. report Ex.P-3 of her. Assistant Sub Inspector Santosh Kumar Sharma (PW-5) investigated the matter. After the completion of the investigation, the police charge-sheeted the applicant under Sections 354 and 323 IPC.

(3.) The learned trial Judge framed the charges against the applicant for the offences punishable under Sections 354 and 323 IPC. He denied the guilt and took the plea of false implication on account of enmity and groupism in the village. In defence, he examined Munna Lal (DW-1).