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2017 Supreme(Bom) 1539

PRITHVIRAJ K.CHAVAN
Francies D'souza – Appellant
Versus
State of Goa Through Police Inspector – Respondent


Advocates Appeared:
For the Petitioner:Ryan Da Piedade Menezes, Advocate
For the Respondent: S.R. Rivankar, Public Prosecutor

JUDGMENT :

1. By this Criminal Revision Application, the petitioner challenges his conviction under Section 354 of the Indian Penal Code, by the Judicial Magistrate First Class, Mapusa, in Criminal Case No.215/S/2011-C by which, instead of sentencing, the petitioner was released after due admonition under Section 3 of the Probation of Offenders Act, inter alia directing him to pay compensation of Rs.1000/- under Section 5 of the said Act to the complainant. An appeal bearing No.86/2013 preferred by the petitioner also came to be dismissed by the learned Additional Sessions Judge (FTC) on 19.4.2014.

2. A few facts can be summarised thus:-

Prosecutrix was aged about 55 years at the time of incident. She alleged that on 27.10.2010 at about 5.30 p.m., she noticed the petitioner arguing and hitting a Worker namely Krishna - PW 5 and that her guest PW 4 - Barbara Hill, a British National, was about to intervene when the petitioner also tried to hit Barbara, at that time the prosecutrix intervened, however, the petitioner during that incident touched her left breast. The prosecutrix pushed him aside. She, therefore, lodged a report with Calangute Police Station on the same day by stating tha



























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