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2023 Supreme(MP) 799

DINESH KUMAR PALIWAL
Vinod Ahirwar – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates Appeared:
J.L.Soni, Advocate, Santosh Yadav, Advocate, Avinash Kumar Tiwari, Advocate

JUDGMENT

Dinesh Kumar Paliwal, J. - This revision under Section 397 read with Section 401 of Cr.P.C has been preferred by the applicant challenging the judgment and order dated 06.12.2022 passed by the Additional Sessions Judge, Berasiya District Bhopal passed in Criminal Appeal No.02/2022 affirming the judgment of conviction and order of sentence dated 07.12.2021 passed by JMFC, Berasiya District Bhopal in RCT Case No.1023/2016 whereby learned JMFC convicted applicant for commission of offence under Sections 456 and 354 of the IPC and sentenced to six months R.I. and fine of Rs.500/- in the first count while One year R.I. and fine of Rs.1000/-in the second count with default stipulation.

2. The prosecution case, in short is that on 25.10.2016 at around 1.20 P.M. 18 years old prosecutrix Jyoti resident of village Bandikhedi lodged an F.I.R. in P.S. Gunga alleging that on 24.10.2016 at around 11.30 P.M of night she was sleeping in her house by closing the doors. At around 11.30 P.M. someone knocked the door of her house, she thought that her father has come, at this she switched-on the bulb and opened the door. But she saw her neighbour Vinod Ahirwar standing there; Vinod pushed her i

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