BUDHAN RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This revision under Sec. 397 read with 401 Cr.PC has been preferred against the judgment impugned dtd. 9/2/2010 passed by Sessions Judge, Sarguja at Ambikapur in Criminal Appeal No. 98/2007 arising out of the judgment dtd. 6/10/2009 passed by Judicial Magistrate First Class, Sitapur in Criminal Case No. 363/2007.

(2.) Facts of the case in brief are that on 15/12/2006 at about 5 PM when the prosecutrix was standing near the house of her uncle, the accused/applicant came there and on account of some old standing enmity he started hurling filthy abuses at her. He is also alleged to have said to her of stripping her naked as earlier she had implicated him in a false case under Sec. 376 IPC. Saying so, he took off her saari and with an intention to outrage her modesty he started dragging her. On cries being raised by her, her daughter-in-law (PW-2) came there to intervene in the matter but the applicant did not spare her too and he filthily abused her and also threanted her of being killed. Even the husband of the victim namely Ramjivan was manhandled by the applicant when he came to the rescue of his wife - the prosecutrix herein. Even subsequently, the applicant kept on abusing the prosecutrix near her house. Thereafter, on the next day the report was lodged by the victim on the basis of which an offence under Sec. 354, 294 and 506 IPC was registered against the applicant and after investigation charge sheet was filed against him under the same Ss. followed by framing of charge accordingly. Applicant however has denied the charge and sought to be tried.

(3.) Prosecution examined 05 witnesses in support of its case. Statement of the accused/applicant under Sec. 313 CrPC has also been recorded in which he pleaded his innocence and false implication in the case.