( 1 ) THIS is a revision by the State of Madhya Pradesh against the order of the Additional Sessions Judge, Khandwa, setting aside the order of conviction of the non-applicant under Section 354, I. P. C. , and quashing the entire proceedings as incompetent.

( 2 ) THE facts of the case are that on 21-8-1955 Mst Jasso (P. W. 6) was in her bada some time in the afternoon. The accused jumped over the fence and tried to seduce her for intercourse. The prosecutrix Mst. Jasso repelled his advances, which made him furious. He caught hold of her and assaulted her with a stick. He fell her down on the ground forcibly, snatched her lugda and thereby made her naked. Her cries attracted her uncle who came to the spot. On seeing him, the accused fled away.

( 3 ) A report of this incident was made to the police and a challan was accordingly put up before the Magistrate, 2nd Class. The case was, however, transferred to Shri G. P. Pateriya, Judge Magistrate First Class, who convicted the accused under Section 354, I. P. C. , and sentenced him to six months' rigorous imprisonment. In appeal, the learned Additional Sessions Judge held that the offence disclosed amounted to an offence of