NEERAJ MAHOR Vs. STATE OF MP

JUDGEMENT

(1.) This revision petition under Section 397 read with Section 401 of Cr.P.C. has been filed against the judgment dated 16.10.2015 passed by VI Addl. Sessions Judge, Gwalior in Cri.Appeal No.452/2015 confirming the judgment dated 21.8.2015 passed by Judicial Magistrate First Class, Gwalior in Cri.Case No.7225/2012 convicting the applicant for the offences under Section 354 of IPC and sentenced to undergo one year rigorous imprisonment with fine of Rs.500/- with default stipulation.

(2.) The prosecution case in brief is that on 25.6.2012, the prosecutrix lodged an FIR that she along with her cousin Neha was going to beauty-parlour and when they were coming back and reached near Kabir Ashram, applicant-accused caught her hand with bad intention and tried to drag her towards the street, on that both of them protested and when people sitting near the temple rushed there, the accused fled away after leaving her hand. The matter was brought to the knowledge of the family members and thereafter FIR was registered by the Police Station Janakganj, District Gwalior at Crime No.338/2012 for the offence under Section 354 IPC. After completion of investigation, charge sheet was filed before the Judicial Magistrate First Class, Gwalior. After framing of charges and recording of evidence, the offence was found proved and the applicant was convicted as stated herein above. An appeal was preferred against that order, which was dismissed. Hence, this revision petition.

(3.) Learned counsel for the applicant argued at length and submitted that the applicant has been falsely implicated and thus wrongly convicted whereas he has not committed any offence. Learned counsel further submits that the Courts below committed error in not properly appreciating the evidence, correctness of the finding, therefore, the impugned judgments are liable to be set aside in the revision. Learned counsel for the applicant has alternatively submitted that the applicant has no previous antecedents, there was no previous enmity between the parties and he shall maintain a good behaviour in future, therefore, since the applicant has already served approximately 101 days jail sentence, the same be reduced to the period already undergone and the amount of fine may be reasonably enhanced.