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2017 Supreme(MP) 1173

ANJULI PALO
Shiv Kumar Kushwah – Appellant
Versus
State of M. P. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Amanulla Usmani
For the Respondent: Ramesh Kushwah

ORDER :

This criminal revision has been filed by the accused under section 397 read with section 401 of the Code of Criminal Procedure being aggrieved by the judgment dated 30-1-2008 passed by the Fourth Addl. Session Judge, Katni confirming the judgment and conviction dated 12-12-2005 passed by the JMFC in Criminal Case No. 639/2003 for offence under section 354 of Indian Penal Code and imposed sentence for one year RI with fine of Rs. 1,000/-.

2. In short, the prosecution case is that, the prosecutrix is a married woman residing at village Mawai. On 1-6-2003 at about 6:00 pm when the prosecutrix was doing domestic work at her premises, the applicant/accused came there and caught hold of her hand with intention to outrage her modesty and pulled her. When the prosecutrix started shouting, the applicant/accused left her. The applicant/accused is her brother-in-law. At the time of the incident, the husband of the prosecutrix was not at home. When he came back, the prosecutrix lodged a report at Police Station, Sleemanabad, District Katni. Crime under section 354 of Indian Penal Code has been registered against the applicant.

3. Learned trial Court convicted the applicant/accused for off

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