MANGAL Vs. STATE OF M.P.

JUDGEMENT

(1.) Applicant has preferred this revision against the appellate judgment dated 20.1.99 passed by Additional Sessions Judge, Gadarwara, District Narsinghpur in Criminal Appeal No. 1/96 affirming the conviction of the applicant and sentence passed on him under Section 354 of I.P.C. by Additional Chief Judicial Magistrate, Gadarwara in Criminal Case No. 1134/92.

(2.) Applicant was tried for the offence under Section 354 of I.P.C. before Additional % Chief Judicial Magistrate, Gadarwara. As per prosecution allegations, on 3.11.89 when prosecutrix was collecting the logs in the forest, applicant came to her, caught hold of her hand and with intent to outrage her modesty began pressing her breast. On her shouting for help, the mother of the prosecutrix came there, then applicant fled away. The blouse of the prosecutrix was torn and her bangles were broken in the incident. The FIR of the incident was lodged at Police Station Gotitoriya, Narsinghpur by the prosecutrix. On the basis of her report, an offence was registered against the applicant and was investigated. After due investigation, applicant was prosecuted under Section 354 of I.P.C.

(3.) After trial, learned Additional Chief Judicial Magistrate, Gadarwara, found the applicant guilty for committing the offence under Section 354 of I.P.C. and sentenced him to rigorous imprisonment for six months with fine of Rs. 500/-, in default further imprisonment for one month, vide judgment dated 14.12.95 passed in Criminal Case No. 1134/92. In Criminal Appeal preferred by the applicant against the aforesaid order of his conviction and sentence passed by Additional Chief Judicial Magistrate, Gadarwara, the appellate court, after considering the evidence on record, affirmed the conviction and sentence passed on the applicant and dismissed his appeal by the impugned judgment, which has been challenged in this revision.