VIKAS MOTIRAM GHODKE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) By this revision, the revision applicant questions legality, propriety and correctness of the Judgment and order dated 29.03.2011 passed by the learned Sessions Judge Akola in Criminal Appeal no 18 of 2009 dismissing the appeal which arose from the conviction of the applicant for the offence punishable under section 354 of the Indian Penal Code in Summary Criminal Case No. 9602 of 2006 decided by the learned Judicial Magistrate, First Class, Akola.

(2.) The facts, stated in brief, are as under :- That the first informant Ku. Swati Mhaisne lodged a report on 14.02.2006 at about 9 a.m. that she had gone to Shivam General Stores at Vardhman Nagar Kaulkhed, Akola to buy refill for the Pen. The applicant who was the shopkeeper was present in the shop. She gave Rs. 1/- to the applicant and asked for the refill. The applicant asked her name and called her inside and outraged her modesty by putting his hand on her cheek and also put his hand inside her petticoat, touching her private part. The girl frightened by the incident went to her house and narrated the incident to her aunt and to her uncle. She lodged report to the police on 16.02.2006 giving rise to the Crime registration No.94 of 2006. The applicant was charge sheeted and charged under Section 354 of the Indian Penal Code in the Case bearing SCC No. 9602 of 2006.

(3.) The prosecution had examined five witnesses. The applicant, in defence, examined himself and one witness. The trial Magistrate found the applicant guilty of the offence punishable under Section 354 of the Indian Penal Code and sentenced him to suffer simple imprisonment for three months and to pay a fine in the sum of Rs300/- and in default of payment of fine, he was sentenced to suffer simple imprisonment for 15 days. The applicant challenging the conviction preferred Criminal Appeal No.18 of 2009, which was dismissed by the impugned Judgment and Order dt. 29.03.2011.