RAJESH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 10/1/1997 passed by the 10th Additional Sessions Judge, Jabalpur in ST No.814/93, whereby the appellant was convicted for commission of offence punishable under Section 354 of IPC and sentenced for two years' rigorous imprisonment with fine of Rs.1,000/-. In default of payment of fine, three months additional RI was directed.

(2.) THE prosecution's case, in short, is that on 22.4.1993 the prosecutrix (PW-1) was sleeping in her house situated at Bajrang Nagar, Jabalpur. In the noon the appellant went inside the house of the prosecutrix from the open gate and slept over her. When the prosecutrix saw the appellant, she started shouting, and therefore Phoola Bai (PW-3), Malti Bai (PW-2) and other neighbours came inside the house, then the appellant ran away. The prosecutrix had lodged an FIR Ex.P-1 on the same day at Police Station Ranjhi, Jabalpur, and therefore a crime was registered. After due investigation, a charge sheet was filed before the Judicial Magistrate First Class, Jabalpur, who committed the case to the Sessions Court and ultimately it was transferred to the 10th Additional Sessions Judge, Jabalpur.

(3.) THE learned 10th Additional Sessions Judge, Jabalpur after considering the evidence adduced by the parties, acquitted the appellant from the charge of offence under Section 376 read with Section 511 of IPC, but convicted him for commission of offence punishable under Section 354 of IPC and sentenced as mentioned above.