SHRI @ SHIRIYA 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 28.06.2014 passed in Criminal Appeal No.298/2013 by learned First Additional Sessions Judge, Maihar, District, Satna, arising out of judgment of conviction and sentence passed by learned Chief Judicial Magistrate, Maihar, District Satna dated 30.07.2013 in Criminal Case No. 543/2011, whereby the petitioner was convicted under Section 354 of IPC and sentenced him undergo rigorous imprisonment for 06 months and fine of Rs.500/-, with default stipulation.

(2.) The case of the prosecution in nutshell is that on 16.05.2011 at about 9:00 p.m. the complainant/victim was sleeping in her house, at mid night the petitioner entered in the house of the prosecutrix and pressed the breast of the prosecutrix with intention to commit rape. On hue and cry by the prosecutrix, the petitioner runaway from the spot. The prosecutrix lodged the FIR at Police Station Maihar, District Satna against the petitioner for the offence punishable under Section 354 of IPC. After due investigation, challan was filed against the accused petitioner.

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