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2006 Supreme(MP) 43

S.C.VYAS
MADIYA ALIAS MAHADEV – Appellant
Versus
STATE OF M. P. – Respondent


Advocates Appeared:
JOSHI, MUKESH TALSANIA, Penal Lawyer

( 1 ) THIS revision petition under sections 397 and 401 of the Code of Criminal procedure is directed against the order dated 17-10-2005 in Sessions Trial No. 130/2005 passed by Additional Sessions Judge, manawar, District-Dhar, whereby trial Court had directed framing charges against the petitioner under Section 306 of the IPC.

( 2 ) AS per the final report submitted by police Manawar, District-Dhar before the learned Lower Court the case of the prosecution was that on 21-2-2005 when basanti Bai D/o Bhangda Bhil aged about 16 years of village Piplaj was attending natural call in the forest, then petitioner came there and caught hold of the girl with intend to outrage her modesty and tried to snatch her towards Nala. The said Basanti bai was opposing the act of the petitioner. At that time Surbai W/o Mohan Bhil aged about 20 years, and younger sister of basanti Bai, Rumu Bai D/o Bhangda Bhil aged 11-12 years, who were also attending natural call had witnessed the incident. Both of them pelted stones on petitioner and thereafter petitioner left Basanti Bai and ran away from the place of incident. The incident was narrated by the said eye-witnesses to the parents of Basanti Bai, Basa














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