BAGH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Today this case is listed for admission as well as hearing on IA No.22567/2018, which is an application for suspension of sentence and grant of bail filed on behalf of the applicant.

(2.) This criminal revision under section 397/401 of the Code of Criminal Procedure has been preferred against the judgment dated 28/12/2018 passed by 1 st Additional Session Judge, Khandwa, in Criminal Appeal No. 153/2017 confirming the judgment dated 23/08/2017 passed by Judicial Magistrate First Class, Punasa District Khandwa in Criminal Case No.680/2016, whereby the applicant was convicted under section 451, 354, 354A of the IPC and sentenced to R.I for 1 year, R.I for 1 year, and R.I for 1 year with fine amount of Rs.200/- on each count, with stipulation clause as mentioned in the impugned judgment.

(3.) In brief the prosecution case is that on 06/10/2014 about 7 PM, the prosecutrix (PW-2) was at her home whereby one month before her husband died, the applicant came at her house and showing currency note asked her how much money should she requires and caught hold her hand with bad intention. When she cried and get rid from the applicant and came out of the house, the applicant followed her and threatened that if she made noise and narrated the incident to anybody, he would kill her. On the next day, when her brother Anil came, she went to lodge the FIR at police station Jamkota, where Crime No. 285/2014 under section 354, 354A, 456, 506 Part-II of the IPC was registered and after investigation, the charge sheet was filed against the applicant before the JMFC, Punasa District Khandwa where charges of the aforesaid offences were framed. The applicant abjured his guilt and claimed to be tried. His defence was that he has been falsely implicated. After completion of the trial, the applicant was convicted and sentenced as mentioned earlier and his appeal was also dismissed by the 1 st Additional Session Judge, Khandwa. Hence this revision.