BHARAT CARPANTER Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Applicant has filed this criminal revision under Section 397 read with Section 401 of Cr.P.C., being aggrieved by the Appellate Court impugned judgment dated 11.05.2019 passed in Criminal Appeal No. 54/2018, by the Ist Additional Sessions Judge, Bijawar, District Chhatarpur whereby, confirmed the conviction and sentence against the applicant for the offences punishable under Sections 354 of I.P.C. and has been sentenced to undergo rigorous imprisonment for one year with fine of Rs. 100/- with default stipulation. In Criminal Case No. 390/2015 vide judgment dated 11.01.2018 passed by the Court of J.M.F.C., Bijawar, District Chhatarpur.

(2.) Facts giving rise to this revision, in short, are that prosecutrix who is the resident of Village Dongra Purwa, Police Station Satai, District Chhatarpur was going to her village Chhatarpur alighted at Bhaira joint Tiggada wherefrom she started to go to her village Dongra Purwa by foot. The applicant is also resident of the same village Dongra, went along with prosecutrix by bus and also alighted at Bhaira joint for going to his village. He was along with prosecutrix, when both were walking towards the native place by foot and one Auto was going to the village. The prosecutrix stopped the Auto and tried to ride on the Auto, but applicant persuaded that why she is spending Rs.5/- as a fare, village is not far away we should go on foot. Then, prosecutrix dropped the idea and went along with applicant. When applicant found her alone, he caught hold her and started pressing her breast, then prosecutrix (P.W.1) shouted, on hearing shouting noise, Biharilal (P.W.2) (P.W.2) and Ramadheen Patel (P.W.5) reached to the spot. then applicant fled away from the spot. Prosecutrix on reaching at home, narrated the whole ordeal to her father Gouri Shankar Patel (P.W.3) and mother Champa Bai (P.W.4) went along with prosecutrix at Police Station Satai and lodged an F.I.R. there. The matter investigated by the S.K. Dubey (P.W.6), the then A.S.I. posted at Police Station Satai.

(3.) After investigation charge-sheet has been filed before the Court of J.M.F.C., Bijawar, District Chhatarpur, trial Court framed the charge under Section 341 of I.P.C. and Section 354 of I.P.C. against the applicant the abjured the guilt prosecution examined the witnesses. During examination of accused under Section 313 of Cr.P.C. The applicant took the defence that buffaloes of the prosecutrix entered into his agricultural field. He collected all the buffaloes and sent those in Kanji House. On account of that rivalry, the father of the prosecutrix threatened the applicant that he will implicate the applicant in a false case. Resultantly, applicant has been implicated in the matter. In his defence, the applicant examined Heera Rajak as D.W.1.