LAWS(CHH)-2010-1-31

RAJU KUMAR Vs. STATE OF MADHYA PRADESH

Decided On January 18, 2010
RAJU KUMAR Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 2.7.1994 passed by Special Judge, Ambikapur, in Special Criminal Case No. 65/1991 convicting the accused/appellants for the offences punishable under Section 448 of the Indian Penal Code and Section 3(1)(XI) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short "the Act") and sentencing each of them to undergo rigorous imprisonment for three months under Section 448 IPC and rigorous imprisonment for six months and pay fine of Rs. 200, in default of payment of fine to further undergo rigorous imprisonment for one month under Section 3(1)(XI) of the Act.

(2.) CASE of the prosecution in brief is that on 11.5.1991 FIR (Ex.P-1) was lodged by the prosecutrix (PW-1) alleging that on 10.5.1991 when she along with her friends was doing rehearsal for dance at Anganbadi Centre, Goaptu, accused/appellants along with others got inside and started dragging her out.

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned and submits that the findings recorded by the Court below are based on the evidence available on record and therefore no interference with the same is called for.