DADU @ ANKUSH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal, by special leave, is at the instance of the two appellants, Dadu @ Ankush (A-1) and Ankit (A-2). It is directed against the judgment and order dtd. 18/1/2024 of a learned Judge of the High Court of Madhya Pradesh at Jabalpur of dismissal of an appeal [Crl. Appeal No. 7239 of 2019] under Sec. 374(2), Code of Criminal Procedure, 1973 preferred by the appellants.

(2.) Appellants stood trial in a case[Special Case No. 200010 of 2016] registered on the basis of a complaint lodged by the respondent no. 2[victim] before the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989[SC/ST Act]. The Special Court convicted A-1 under Sec. 323, Indian Penal Code, 1860[IPC] and sentenced him to rigorous imprisonment for 3 months together with fine of Rs.1000.00 with default term. A-2 was convicted under Ss. 354 and 323, IPC as well as Sec. 3(1)(xi) of the SC/ST Act. For the offences under Sec. 354, and Sec. 3(1)(xi) of the SC/ST Act, A-2 was sentenced to a year's rigorous imprisonment each together with fine of Rs.1000.00. For the offence under Sec. 323, IPC, he was sentenced to rigorous imprisonment for 3 months and fine of Rs.1000.00. The sentences were directed to run concurrently.

(3.) Appellants carried the conviction and sentence in appeal before the High Court which, by the aforementioned judgment and order, dismissed the appeal.