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BHARATI DANGRE
Mayur – Appellant
Versus
State Of Maharashtra – Respondent
JUDGMENT
1. The present Revision Application is preferred by the applicant being aggrieved by the concurrent finding rendered by the JMFC, Vardha in Regular Criminal Case No. 175/2012 and by the Addl. Sessions Judge, Vardha in Criminal Appeal No. 93/2016. By the impugned judgments, the applicant stand convicted for the offence punishable u/s.451 of the IPC and sentenced to suffer RI for four months and to pay fine of Rs.1, 000.00, in default to suffer RI for one month. Apart, he is also convicted for the offence punishable u/s.354 of IPC and sentenced to suffer RI for six months and to pay fine of Rs.2, 000.00, in default, to suffer RI for two months. The sentence of Imprisonment being directed to run concurrently, the fine was directed to be paid to the prosecutrix.
2. Heard learned counsel Mr.Amol Hunge for the Applicant and learned APP Mr.Thakare for the State. The incident reported by PW 1 Jayshree Sanjay Chore which is alleged to have taken place on 15/3/2012 at around 1.30 p.m in her house, resulted in registration of C.R.No. 95/2012 which invoke Sec. 451 and 354 of the IPC. It was informed by PW 1, mother of the victim girl, aged 12-13 years, that while her daughter was all al
The central legal point established in the judgment is the necessity to prove the accused's specific intention to outrage the modesty of the victim and the lack of sexual intent in the accused's acti....
The court upheld the conviction under Section 354 IPC, concluding that the appellant's actions constituted an outrage of modesty, supported by the victim's testimony and corroborating evidence.
A landlord's unwelcome entry into a tenant's room and use of criminal force to touch her body constitutes an offense under Section 354 IPC, affirming the principle that intention can be inferred from....
The absence of independent witnesses does not negate the reliability of a victim's testimony, and minor discrepancies do not undermine the core of the case.
Substantive sentence can be reduced if incident is old one.
In cases of non-penetrative sexual assault, the consistent and cogent testimony of a victim is sufficient for conviction, even without medical evidence, as the criminal intent of the offender is the ....
Conviction under Section 354 of IPC upheld when testimonies of victim and witnesses were consistent and reliable, distinguishing preparation from an attempt in sexual offences.
The court established that the intention to outrage a woman's modesty is crucial in determining guilt under Section 354 IPC.
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