GATTI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The applicant has filed this criminal revision being aggrieved by the conviction and sentence dated 20.03.2018 passed by the Additional Session Judge, Hatta, District Damoh in Criminal Appeal No. 10011/2016 whereby while confirming the conviction and amount of fine imposed on the applicant, reduced the custodial sentence from 1 year R.I. to 6 months R.I. vide judgment dated 18.12.2015 passed by the JMFC, Hatta, District Damoh in Criminal Case No. 1120/2013.

(2.) Case of the prosecution against the applicant was that prosecutrix (P.W.-1) lodged a report in Police Station Kumhari stating therein that on 09.06.2013 she was lying on bed, the applicant came near her and touched her breast. When she objected pressed her neck, at that juncture, her son and daughter-in-law came on spot, he fled away from the spot. Prosecutrix lodged report in Police Station Kumhari which was registered as Crime No. 38/2013. After investigation charge-sheet came to be filed before the JMFC Hatta, District Damoh. Learned JMFC Court tried the case as warrant trial framed the charge against the applicant and recorded his plea in which he abjured his quilt. Recorded the statement of the prosecutrix (P.W.-1), her son Gangaram (P.W.-2), her daughter-in-law Kailash Rani (P.W.-3), Kanoo (P.W.-4), Nonelal (P.W.-6) and Investigating Officer, I.P. Tiwari (P.W.-5). Applicant, in his defence, stated that he has falsely been implicated by the prosecutrix. During pendency of trial, both parties compromised together and filed an application under Section 320 of the Cr.P.C. The offence for which the appellant has been charged, is non compoundable. Learned JMFC Court dismissed the application for compromise and after hearing both parties delivered a judgment on 18.12.2015 thereby convicted the applicant for the offence punishable under Section 354 of the I.P.C. and sentenced to undergo R.I. for 1 year and fine of Rs.500/- with default stipulations. Being aggrieved by that judgement of conviction and order of sentence, the applicant has filed an appeal, registered as Cr.A. No. 10011/2016 before the Appellate Court. Learned Appellate Court after hearing both parties, delivered a judgment dated 20.03.2018 thereby affirmed the conviction passed under Section 354 of the IPC and reduced the sentence from 1 year R.I. to 6 months R.I.

(3.) Being aggrieved by that judgment, the applicant has filed this criminal revision on the ground that the findings of both the Courts below are bad in law. The evidence adduced by the prosecution, not appreciated in proper perspective. Prosecution has failed to prove his case beyond doubt. Court has not extended the benefit of doubt to the applicant, therefore, prays for acquittal of the applicant from the charge of the offence.