BANESINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has preferred this application under section 397/401 of the Cr.P.C. being aggrieved by the judgment dated 16.07.2018 passed by Sessions Judge, Rajgarh-Bioara in Cr.Appeal No.17/2018 confirming the judgment dated 22.12.2017 passed by JMFC, Jeerapur, District Rajgarh in cr.case No.564/2015 whereby the applicant has been convicted for the offence under sections 323 and 354 of the IPC and sentenced to undergo three months RI with fine of Rs.1,000/- and one year R.I. with fine of Rs.1,000/- respectively with default stipulation.

(2.) The facts leading to the present case are that on 11.10.2015 at about 8.30 p.m. the victim was coming to her home after attending the nature's call, then near the culvert, applicant caught her hand with an intent to outrage her modesty and also pressed her breast. When she made alarm, her son Rahul came. Then applicant slapped her and threatened to kill. Victim came to her house and narrated the incident to her husband and lodged the FIR (Ex.P/1) at P.S. Jeerapur. On the basis of aforesaid complaint, the offence was registered at crime No.288/2015 under section 323, 354 and 506 of the IPC. After completion of the investigation the chargesheet was filed before the Court of JMFC, Jeerapur.

(3.) The trial court framed the charges against the applicant under section 323, 354 and 506 of the IPC.