- (1.) Leave granted.
(2.) This appeal has been preferred against the impugned judgment and order dated 19.9.2012 passed by the High Court of Calcutta in Criminal Revision No. 3240 of 2012 affirming the judgment and order of the learned Sessions Judge dated 22.8.2012 dismissing the appeal of the appellant against the judgment and order of the learned Magistrate dated 9.5.2012, by which and whereunder the learned Magistrate had found the appellant guilty for the offence punishable under Section 354 of Indian Penal Code, 1860 (hereinafter referred to as the 'IPC'). He had been sentenced to suffer SI for 6 months and further to pay a fine of Rs.1,000/- , and in default of payment of fine, further to undergo SI for two months.
(3.) Facts and circumstances giving rise to appeal are that: A. On 6.11.1995, Nasima Begum (PW.1), aged about 16 years filed a complaint alleging that on that day while she was going to attend her tuition alongwith her friend Nilufa Khatun, she met the appellant on the way who suddenly came and forcibly caught hold of her hair and planted a kiss, resultantly, she suffered a cut over her lower lip and started bleeding. B. A case under Section 354/324 IPC was registered. After conducting the trial, the court of Ist Judicial Magistrate, Ist Court, Malda vide judgment and order dated 9.5.2012 found the appellant guilty for offence under Section 354 IPC and sentenced him as referred to hereinabove. C. Aggrieved, the appellant preferred Criminal Appeal No.2/2012 before the learned Sessions Judge, Malda and the said appeal was dismissed vide judgment and order dated 22.8.2012. D. Appellant challenged both the aforesaid orders by filing Criminal Revision before the High Court which has been dismissed by the impugned judgment and order dated 19.9.2012. Hence, this appeal.;