GOPALKRISHNA SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This present criminal revision under Sections 397 and 401 of the Cr.P.C. arising out of the order dated 20.09.2018 passed by Sessions Judge, District Ashoknagar in Criminal Case No.1498/2018, whereby the appeal preferred against the order of Trial Court has been dismissed and order dated 09.06.2018 passed by Judicial Magistrate First Class, District Ashoknagar in Criminal Case No.2754/2016 was upheld.

(2.) As per prosecution case, complainant is a teacher at Myapur and she goes to the school alongwith her child and maid. On 10.12.2016, Tahsildar visited the school for inspection and immediately after his departure, petitioner came to the complainant and caught hold of her, uttered certain lustful words, pulled up her Sari (lkM+h) and when she screamed, then other persons came to the spot, petitioner left her while giving threat for dire consequences. Dehati Nalishi recorded and thereafter, FIR lodged at Crime No.285/2016 for offence under Sections 354 (A), 294 and 506 of the IPC. Charge-sheet was filed by adding Sections 354 and 354 (D) of IPC, but trial Court framed the charges for offence under Sections 354 and 506(2) of IPC.

(3.) Evidence was led by both the parties and thereafter, petitioner has been convicted for offence under Section 354 of the IPC and sentenced rigorous imprisonment for one year with fine of Rs.5,000/- with default stipulations. The said order was confirmed by the appellate Court. Complainant Seema Namdev (PW-1) also preferred an appeal for enhancement of sentence, but her appeal got dismissed and no further proceedings was undertaken for enhancement of sentence. Therefore, this criminal revision, which is preferred at the instance of the petitioner/accused, is to be decided.