HEMRAJ BERWA Vs. STATE OF MADHYA PRADESH
LAWS(MPH)-2020-8-353
HIGH COURT OF MADHYA PRADESH
Decided on August 14,2020

Hemraj Berwa Appellant
VERSUS
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

- (1.)The present revision petition under Section 397 and 401 of Cr.P.C. is preferred by the petitioner against the judgment of conviction and order of sentence dated 06-05-2020 passed by the Sessions Judge, Sheopur in Criminal Appeal No.24/2018 partly modifying the judgment of conviction passed by learned Judicial Magistrate First Class, Sheopur District Sheopur in Criminal Case No.1200805/2016 and petitioner has been convicted of the charge under Section 354 of IPC and sentenced to 1 year's RI with fine of Rs.1,000/- with default stipulation.
(2.)Precisely stated facts of the case are that on 19-09-2016 when victim was coming to take fodder from her agriculture field in the way, accused Hemraj crossed her, came behind and took her into his bosom and pressed her breasts. As a result, fodder of victim fell down and when victim tried to catch Hemraj he fled away but his ball pen dropped at the spot. Thereafter, victim lodged the FIR at police station. Matter was investigated and challan was filed in the matter for the offences under Section 354 of IPC before the concerned Magistrate.
(3.)Before the trial Court -Judicial Magistrate First Class, Sheopur, petitioner abjured his guilt and prayed for trial. After recording of evidence ocular as well as documentary and hearing the submission of counsel for the parties, the trial Court convicted the petitioner of the charge under Section 354 of IPC and sentenced him to suffer 2 years' RI with fine of Rs.1,000/-


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