UTTAM SINGH Vs. STATE

JUDGEMENT

(1.) This revision petition has been preferred against the judgment dated 06.11.1996 passed by the learned Sessions Ju0dge, Jaisalmer in Criminal Appeal No. 17/1995 affirming the judgment of conviction and order of sentence dated 12.06.1995 passed by the learned Chief Judicial Magistrate, Jaisalmer in Criminal Original Case No. 145/1992, whereby the petitioner-accused was convicted for the offences under Sections 457 and 354 Penal Code and was sentenced as under:-

(2.) The brief facts of the case are that on 16.04.1992, complainant Magh Singh submitted a report that he was out of Jaisalmer, his son Hari Singh came at Jaisalmer and told that when his wife and son were sleeping, Uttam Singh came there and caught her feet and asked her not to shout and when his wife asked him as to how he came to her house on which he told her not to shout and that he will give her Rs.50.00. On her raising hue and cry, neighbours Jade Kanwar and jethmal Singh reached there on which Uttam Singh ran away.

(3.) On the basis of this report, an FIR was registered and investigation commenced. After investigation, the police filed charge-sheet and after hearing, charges were framed against the petitioner-accused for the offences under Sections 354 and 457 Penal Code to which he denied and claimed for trial. To substantiate the charges, the prosecution examined as many as five witnesses. The petitioner-accused was thereafter examined under Sec. 313 Crimial P.C. and he examined Sujan Singh (DW-1) in defence.