1. - This is an appeal by the State against the judgment of Munisf Magistrate, Alwar, dated November 20, 1974, in Criminal Case No. 253 of 1973, by which he acquitted the accused under Section 354 of the Indian Penal Cede and convicted him for offence under Section 352 of the Penal Code and sentenced him to a fine of Rs. 105 (rupees one hundred and five) only.

2. The facts of the case as alleged by the prosecution are as under:- Hetram the accused respondent was prosecuted for offence under Section 354 1PC. On the allegations that on 18-11-1971 when the prosecutrix Smt. Shanta Bai alighted from the train at Kherliganj and started moving towards the gate on the platform some body touched her breast. Smt. Shantabai took it to be an accidently touch and continued moving forward. After a minute or so her breast was again touched and thereafter admitted to snatch the Gold-chain in her he was made thereupon she raised a cry and the witnesses saw the accused withdrawing his hand from the breast of Smt. Shantabai. A case under section 354 IPC was registered. A case was investigated and the accused was tried for offence under section 354 IPC. On appreciation of evidence of PW 1 Smt.