- (1.) R. K. Singh, J. Taken up on the revision of the cause list. None responds to press the revision petition, Sri Shekhar Srivastava, appearing for revisionist has sent illness-slip today.
(2.) PERUSED the order-sheet of the case which speaks that this revision was listed for hearing on 21st February, 1997 and on that date also none appeared for revisionist. The court on that date ordered to issue-bailable warrant of arrest against the applicant returnable by four weeks and revision petition was ordered to be listed on 3rd Apr1 1997. The order-sheet speaks that bailable warrant has also been issued on the later date. The revision petition was listed on 28th May, 1998 in supplementary cause list for his convenience. Today again this 14 years old revision petition is listed for hearing. Mr. Shekhar Srivastava has sent illness-slip today. In these back grounds the illness-slip is not honoured and the revision petition is taken-up for orders. Learned A. G. A. is present and has been heard. Pursued the impugned order passed in criminal appeal No. 305 of 1983 dated 5th March, 1984 and also perused the trial Magistrate's judgment passed by the Judicial Magistrate First Class, Deoria in criminal case No. 491 of 1983 P. S. Kotwali, District Deoria under Sections 354, 224 and225, I. P. C. The revisionist, Harish Chandra, has been convicted under Section 354, I. P. C. and has been sentenced to undergo one year R. I.
(3.) THE victim in this case is Anarkali, daughter of Bhukhal, who had gone for latrine alongwith her 'bhabhi'. THE revisionist, according to the complainant Anarkali, used criminal force against Anarkali and caught her breast, Anarkali and her Bhabhi raised alarm as a result of which her family and villagers Khedai, Dalai and Rama Shanker and several per sons ran to rescue her and Harish Chandra started running away who was caught hold of. Later on other accused persons, who are not revisionists in this case, intervened to get Harish Chandra rescued forcibly. In this case Anarkali victim girl alongwith her Bhabhi Subhawati, her father Bhukhal and other witnesses Khedai, Dalai and Rama Shanker ap peared before the court and supported the entire incident. The police S. I. , who inves tigated the case, has also appeared as P. W. 6. Both the trial court as well as the appel late court have discussed all the evidence very cogently. The evidence of the com plainant and her Bhabhi are very specific which proves the use of criminal force to outrage the modesty of Anarkali. By this revision the conviction of the revisionist under Section 354, I. P. C. is justified in the eye of law. The sentence of one year R. I. is not severe to justify any interference. The conduct of the revisionist appears to be dared devil who caught hold of the girl in presence of her Bhabhi and got her fell down on the ground catching hold her breast and tried to commit rape on her. All the glaring facts do not permit any inter ference in R. I. awarded to the revisionist. The revision petition has no merit and is dismissed. 7 The bail order granted by this court on 8-3-1984 is recalled. The Chief Judicial Magistrate is directed to get the accused arrested immediately and send him to jail custody forthwith to serve out the sen tence. Revision dismissed. .;