Anjuli Palo, J. - (1.)This criminal revision has been filed by the accused under Section 397 read with Section 401 of the Code of Criminal Procedure being aggrieved by the judgement dated 30.01.2008 passed by the Fourth Addl. Session Judge, Katni confirming the judgement and conviction dated 12.12.2005 passed by the JMFC in criminal case no. 639/2003 for offence under Section 354 of IPC and imposed sentence for one year RI with fine of Rs. 1,000/-.
(2.)In short, the prosecution case is that, the prosecutrix is a married woman residing at village Mawai. On 01.06.2003 at about 6:00 pm when the prosecutrix was doing domestic work at her premises, the applicant/accused came there and caught hold of her hand with intention to outrage her modesty and pulled her. When the prosecutrix started shouting, the applicant/accused left her. The applicant/accused is her brother-in-law. At the time of the incident, the husband of the prosecutrix was not at home. When he came back, the prosecutrix lodged a report at Police Station, Sleemanabad, District Katni. Crime under Section 354 of Indian Penal Code has been registered against the applicant.
(3.)Learned Trial Court convicted the applicant/accused for offence under Section 354 of IPC on the basis of testimony of the prosecutrix which is corroborated by PW-2 / Dhaniram and PW-3 / Purushottam. Learned Trial Court convicted and sentenced the applicant/accused for 1 year RI with fine of Rs. 500/-.