PURNO Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 8.7.92 passed by Special Judge, Raigarh, in Special Case No. 20/1991 convicting the accused/appellant for the offences punishable under Section 354 IPC and Section 3(1)(XI) of the Scheduled Caste and Scheduled Tribe (Prevention of atrocities) Act and sentencing him to undergo rigorous imprisonment for two years separately on each count.

(2.) CASE of the prosecution in brief is that on 8.7.1991 a written report Ex. P-1 was lodged by the prosecutrix (PW-1) aged about 24 years alleging that on 7.7.1991 at about 7 p.m. accused/appellant along with co-accused Ahibaran came to her house and asked her to cook food. Thereafter, accused/appellant gave Rs. 20 to her husband to get chicken and sent him to the market for that purpose. When she was cooking food, accused/appellant again asked her husband to get snacks from the market. Thereafter, when she had gone to the roof for getting the fire wood, he followed her, caught hold of her hand, took out his full pant and when she cried, her husband and maternal aunt Sufal Bai (PW-2) came there. According to the prosecutrix, after seeing her husband, accused/appellant ran away jumping over the roof, leaving his full pant there itself.

(3.) ON the other hand counsel for the respondent/State supports the judgment impugned and submits that the conviction of the accused/appellant is in accordance with the material available on record and therefore no interference is warranted with the same.