STATE OF MADHYA PRADESH Vs. BABLU
LAWS(SC)-2014-8-62
SUPREME COURT OF INDIA (FROM: MADHYA PRADESH)
Decided on
August 26,2014
STATE OF MADHYA PRADESH
Appellant
VERSUS
BABLU
Respondents
Referred Judgements :-
MAHESH S O RAM NARAIN VS. STATE OF MADHYA PRADESH [REFERRED TO]SEVAKA PERUMAL VS. STATE OF TAMIL NADU [REFERRED TO]
DHANANJOY CHATTERJEE ALIAS DHANA VS. STATE OF WEST BENGAL [REFERRED TO]
SHAILESH JASVANTBHAI VS. STATE OF GUJARAT [REFERRED TO]
AHMED HUSSEIN VALI MOHAMMED SAIYED VS. STATE OF GUJARAT [REFERRED TO]
HAZARA SINGH VS. RAJ KUMAR [REFERRED TO]
Cited Judgements :-
DEVENDRA VALMIKI VS. STATE OF M.P. [LAWS(MPH)-2021-11-120] [REFERRED TO]BABA NATARAJAN PRASAD VS. M. REVATHI [LAWS(SC)-2024-7-58] [REFERRED TO]
BADRIPRASAD ALIAS CHUNNA & ORS VS. STATE OF MP [LAWS(MPH)-2017-10-301] [REFERRED TO]
NASEEM AHMAD VS. STATE OF U.P. [LAWS(ALL)-2020-3-62] [REFERRED TO]
DURGESH VS. STATE OF M P [LAWS(MPH)-2015-2-56] [REFERRED TO]
ALEEM @ BHURSI KHAN VS. STATE OF M P [LAWS(MPH)-2015-2-160] [REFERRED TO]
RAM PRAKASH ALIAS PAPPU YADAV VS. STATE OF U.P. [LAWS(ALL)-2021-12-49] [REFERRED TO]
BALA PRASAD KURMI VS. STATE OF U.P. [LAWS(ALL)-2021-11-124] [REFERRED TO]
LAKHAN MAHTO VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-3-71] [REFERRED TO]
PRAKASH KANHAYALAL KANKARIA VS. STATE OF MAHARASHTRA AND ORS. [LAWS(BOM)-2015-3-69] [REFERRED TO]
RAKESH GURUNG @ CHANDAN @ PRAKASH VS. STATE OF SIKKIM [LAWS(SIK)-2016-5-5] [REFERRED]
STATE OF PUNJAB VS. BAWA SINGH [LAWS(SC)-2015-1-41] [REFERRED TO]
RAMESH VS. STATE OF M P [LAWS(MPH)-2016-4-135] [REFERRED]
BALLA @ BALRAM VS. STATE OF M P [LAWS(MPH)-2016-2-128] [REFERRED]
MAHADEO ORAON VS. THE STATE OF JHARKHAND [LAWS(JHAR)-2015-3-123] [REFERRED TO]
RAVADA SASIKALA VS. STATE OF ANDHRA PRADESH [LAWS(SC)-2017-2-59] [REFERRED TO]
STATE OF PUNJAB VS. DIL BAHADUR [LAWS(SC)-2023-3-115] [REFERRED TO]
RAJ BALA VS. STATE OF HARYANA [LAWS(SC)-2015-8-31] [REFERRED TO]
SHANTI LAL MEENA VS. STATE OF NCT OF DELHI, CBI [LAWS(SC)-2015-4-28] [REFERRED TO]
JUDGEMENT
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(1.)Leave granted.
(2.)State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 2.11.2012 passed by learned single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the respondent-accused, in part maintaining his conviction but reducing six months sentence awarded by the trial court to the period (21 days) already undergone.
(3.)The prosecution case, in brief, is that on 20.1.2003, when the complainant was taking bath in her bathroom at around 10 a.m., the accused-respondent entered into her bathroom and caught hold of her hand with a bad intention and asked her to come inside. When the complainant refused, the accused with an intention to rape her, started dragging her out of the bathroom. When she screamed for help, two persons reached there and the accused fled away knocking down her on the ground for which she received injuries on her right elbow. Complainant's husband had gone to village Badoli for some work and upon his coming back, the complainant reached the police station along with him and lodged FTR. Upon her medical examination on the same day, following injury on the person of the complainant was found:
"Abrasion measuring 1/2 x 1/4 cm. on the backside of the upper right forearm along with slight blood clots."
(2.)State of Madhya Pradesh has preferred this appeal by special leave against the judgment and order dated 2.11.2012 passed by learned single Judge of High Court of Madhya Pradesh, Bench at Gwalior, who allowed the appeal, preferred by the respondent-accused, in part maintaining his conviction but reducing six months sentence awarded by the trial court to the period (21 days) already undergone.
(3.)The prosecution case, in brief, is that on 20.1.2003, when the complainant was taking bath in her bathroom at around 10 a.m., the accused-respondent entered into her bathroom and caught hold of her hand with a bad intention and asked her to come inside. When the complainant refused, the accused with an intention to rape her, started dragging her out of the bathroom. When she screamed for help, two persons reached there and the accused fled away knocking down her on the ground for which she received injuries on her right elbow. Complainant's husband had gone to village Badoli for some work and upon his coming back, the complainant reached the police station along with him and lodged FTR. Upon her medical examination on the same day, following injury on the person of the complainant was found:
"Abrasion measuring 1/2 x 1/4 cm. on the backside of the upper right forearm along with slight blood clots."
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