STATE OF MADHYA PRADESH Vs. BABULAL

JUDGEMENT

(1.) This is a revision by the State of Madhya Pradesh against the order of the Additional Sessions Judge, Khandwa, setting aside the order of conviction of the non-applicant under Section 354, I.P.C., and quashing the entire proceedings as incompetent.

(2.) The facts of the case are that on 21-8-1955 Mst Jasso (P.W. 6) was in her bada some time in the afternoon. The accused jumped over the fence and tried to seduce her for intercourse. The prosecutrix Mst. Jasso repelled his advances, which made him furious. He caught hold of her and assaulted her with a stick. He fell her down on the ground forcibly, snatched her lugda and thereby made her naked. Her cries attracted her uncle who came to the spot. On seeing him, the accused fled away.

(3.) A report of this incident was made to the police and a challan was accordingly put up before the Magistrate, 2nd Class. The case was, however, transferred to Shri G. P. Pateriya, Judge Magistrate First Class, who convicted the accused under Section 354, I.P.C., and sentenced him to six months' rigorous imprisonment. In appeal, the learned Additional Sessions Judge held that the offence disclosed amounted to an offence of attempt to commit rape and therefore cognizance could not be taken by the Magistrate 2nd Class initially; and trial subsequently by the Magistrate 1st Class is also bad. The offence, according to him, was triable by the Court of Session and, therefore, the Magistrate had no jurisdiction to try it. The learned Additional Sessions Judge set aside the conviction of the accused, but recorded no opinion as to his guilt, keeping it open for the Court having jurisdiction to decide. The State has filed this revision petition against that order.