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2013 Supreme(Chh) 88

PRITINKER DIWAKER
ISHWAR LAL – Appellant
Versus
STATE OF C. G. – Respondent


Advocates Appeared:
Shri Sudhir Verma, Advocate, for the Applicant.
Shri Vaibhav Goverdhan, P.L., for the Respondent/State.

ORDER

1. This revision is directed against the judgment and order dated 12.11.2002 passed by Additional Sessions Judge, Bemetra District Durg in Criminal Appeal No. 214/1996 convicting the accused/applicant under Sections 456, 354, 324 and 323 IPC and sentencing him to undergo RI for six months under Sections 354 and 324 each, and pay fine of Rs. 500/- under Sections 456 and 323 IPC each.

2. Facts of the case in brief are that on 16.6.1989 FIR Ex. P-1 was lodged by complainant Ku. M. Devnath (PW-1) who was working as a nurse alleging that on 15.6.1989 at about 11 p.m. when she was sleeping in her house, accused/applicant knocked at the door and when it was not opened by her, he jumped over the wall and gained an entry to her house. Thereafter, the accused/applicant caught hold of her with an intention to outrage her modesty and bite her near right eye brow and cheek. He is also alleged to have given a blow on her mouth as a result of which she sustained injury on her teeth and in order to save herself she also bite the accused/applicant. Based on this FIR, offence under Section 354 IPC was registered against the accused/applicant. Complainant was medically examined on 16.6.1989 vide

















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