-1- CRR NO.199/2019

HIGH COURT OF MADHYA PRADESH,
BENCH AT INDORE
CRR NO.199/2019
30.01.2019 (INDORE):
Shri Dilip Sisodiya, learned counsel for the applicant.
Shri Rajesh Mali, learned counsel for the State.
Heard on admission. Record perused.
Admit.
List for final hearing in due course.
Also heard on IA no.320/19, which is an application
for suspension of sentence on behalf of the applicant.
Applicant has filed this revision petition against the
judgment dated 05.01.2019 passed by Ist ASJ, Dewas in
Criminal Appeal No.72/2018, whereby the learned
appellate Court has dismissed the appeal and affirmed the
judgment of conviction dated 08.02.2018 passed in
Criminal Case No.110/2016 by JMFC, Dewas convicting
the applicant under section 354 IPC and sentencing him
to undergo RI for one year with fine of Rs.2000/- with
further default stipulation.
As per the prosecution story on 06.03.2016 at
around 6.00 P.M the applicant had outraged the modesty
of complainant lady by touching her breast while she was
walking on the way from Vikas Nagar square, Dewas to
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Tata square. As per the prosecution case the applicant
was riding a motor cycle bearing registration No.MP-41-
MN-1067 and at first the passed by the complainant and
then returned and touched her breast. The complainant
tracked out the applicant on the basis of the registration
number of the motor cycle. In the FIR it has been stated
by the complainant that when she searched the vehicle
she met a lady who then told her that the vehicle
belonged to her relative residing at house No.281,
Suncity, Dewas and when she arrived at the given
address she saw the applicant Vinod Tyagi who also
recognized her and ran way from the spot.
Learned counsel for the applicant submits that the
Courts below have committed an error in appreciating the
evidence and convicting the applicant as there are several
contradictions and omissions in the prosecution evidence.
He further submits that the vehicle in question belonged
to one Janak Singh, who is PW/2 and the house No.281,
Suncity Dewas belonged janak Singh it was Janak Singh
who lived at house No.281, Suncity, Dewas whereas in
the FIR the applicant has been shown to be living at
house No.281 Suncity, Dewas and the vehicle in question
did not belong to the applicant. He, therefore, contends
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that the applicant has every chance of success in this
revision and prays for suspension of sentence.
On the other hand, learned counsel for the
respondent/State opposes the application and prays for

rejection.

Considering the facts and circumstances of the case
and the short sentence involved in the matter and the fact
that petition is likely to take time for final hearing, the
application is allowed and the jail sentence passed
against the applicant shall remain suspended and the
applicant is directed to be released on bail upon his
furnishing personal bond in the sum of Rs.50,000/- with
one solvent surety in the like amount to the satisfaction
of the trial Court for his appearance before the Registry
of this Court on 18.03.2019 and on such further dates as
may be fixed in this behalf by the Registry during the
pendency of this petition.

C.c as per rules.

(SHAILENDRA SHUKLA)
JUDGE
Digitally signed by Hari Kumar
Nair
Date: 2019.01.30 18:29:06 +05’30’

hk/