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1999 Supreme(MP) 25

SHAMBHOO SINGH
Baldeo – Appellant
Versus
State of M. P. – Respondent


Advocates:
M. Bhatnagar for applicant; P. Verma for State.

JUDGMENT

This revision petition is directed against the judgment dated 17.11.1992 passed by Sessions Judge Dewas in Cr. Appeal No. 20/92 whereby conviction u/s 457 and 354 of the IPC and sentence of two years RI and fifie of Rs. 250 u/s 457 and one year's RI and fine of Rs. 250/- u/s 354 of IPC respectively awarded to the applicant vide judgment dated 25.2.92 passed by JMFC Dewas in Cr. Case No. 40/91 was altered to section 456 and 354 of the IPC and sentenced to six months RI and fine of Rs. 250/- in default of payment of fine 2 months further RI on each count.

The prosecution case, in brief, was that on 11.2.91 at about 9 p.m. the applicant Baldeo entered the house of complainant Mangubai (PW 1) by jumping wall of her house and out-raged her modesty. She made cry, hearing which Gorabai (PW 5) and Ramprasad (PW 2), the younger brother of her husband came there. Manubai narrated the incident to them. On the next day FIR Ex. P/3 was lodged and offence u/s 457 and 354 of the IPC was registered. After investigation challan was filed. The applicant pleaded not guilty. The learned JMFC convicted and sentenced the applicant as stated above. Being unsuccessful in criminal appeal the appli





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