Chattisgarh High Court
Raju Netam @ Raju Maskole vs State Of Chhattisgarh on 12 March, 2025
1
2025:CGHC:12372
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
CRR No. 660 of 2024
1 - Raju Netam @ Raju Maskole S/o Shri Himmat Maskole Aged About 33
Years R/o Shantinagar, Bijapur, Police Station And District Bijapur
Chhattisgarh
... Applicant(s)
versus
1 - State Of Chhattisgarh Through Station House Officer Police Station Bijapur,
District Bijapur Chhattisgarh ----Respondent
For Applicant : Shri Anand Kumar Gupta, Advocate
For Respondent-State : Smt. Binu Sharma, P.L.
Hon'ble Shri Arvind Kumar Verma, Judge
Order on Board
12.03.2025
1. Present is the criminal revision on behalf of the applicant who stands
convicted for the ofence punishable under Section 354 of IPC and has
been undergone Rigorous Imprisonment for 1 year and fine of Rs. 1,000/-
in default payment of fine amount additional S.I. for one month.
2. The challenge is to the judgment of conviction dated 05.03.2024
(Annexure R/1) passed by Additional Session Judge (FTC), South Bastar
Dantewada (C.G.) in Cr.A. No. 06/2021, arising out of judgment of
conviction and sentence dated 12.08.2021 (Annexure R/2) passed by the
learned CJM, Bijapur, District Bijapur in Cr. Case No. 224/2020.
Digitally
signed by
JYOTI JHA
Date:
2025.03.18
11:17:58
+0530
3. As per the prosecution case, prosecution on 09.11.2020, at around 8:00
am, when the prosecutrix was going from her work place to her home at
Bhattipara, the accused/applicant came near to her and outrage her
modesty. The complainant lodged the complaint before P.S. Bijapur and
the case was registered against the applicant and he was arrested. After
completion of the investigation police iled the Charge-sheet before the
trial Court against the accused/applicant for the offence punishable under
Section 354 of IPC. Statement of the accused applicant was recorded
under Section 313 of the Code of Criminal Procedure, and the learned
Trial Court on the basis of evidence adduced by the prosecution relying
on the Statement of PW-1 prosecutrix convicted the applicant and
sentenced as referred above.
4. Learned counsel for the applicant submits that the present applicant has
served the entire sentence.
5. Heard learned counsel for the Respondent/State.
6. Prosecutrix in her deposition that on 09.11.2020 at around 08:00 am,
when she was going to her work place from her home at Bhattipara, at
that time, accused came on his motorcycle and took her to her work
place on his motorcycle. However, instead of taking her to the work
place, he took her towards Mahadev Valley and where he started holding
her hands and arms with the intention of outraging her modesty. Due to
which, the victim jumped from the motorcycle and she got injured on her
head, right hand and waist. After the said incident, she lodged the
complaint at Police Station Bijapur.
7. On due consideration and after perusal of the evidence adduced before
the Trial Court against the present applicant, this Court does not find any
illegality on the part of the Trial Court in reaching to the conclusion of
holding the applicant guilty of the offence under Section 354 of IPC.
8. Report shows that the applicant herein has already completed his jail
sentence and he has been granted bail on 30.01.2025. Thus, this Court
does not find any strong case interfering with the sentence awarded.
9. The appeal thus fails and is accordingly rejected. Since the applicant has
already completed his jail sentence, no steps further is required to be
done. Sd/-
(Arvind Kumar Verma)
Judge
Jyoti
