MAFIDAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.5.1996 passed by the Special Sessions Judge, Raipur in Special Case No. 174/1996 convicting the Appellant under Section 3(1)(x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and sentencing him to undergo rigorous imprisonment for six months and pay fine of Rs. 500 in default of payment of fine to further undergo simple imprisonment for three months.

(2.) Case of the prosecution in brief is that on 11.10.1993/23.10.1993 a written report was made by six women including Chandra Bai (PW-1) alleging that accused/Appellant and three other persons were harassing the people belonging to scheduled caste or scheduled tribe community and thereby depriving them of getting the benefits under various government schemes. It is alleged that accused/Appellant is a feudal landlord (maalgujar) and after consuming liquor he was in the habit of abusing women belonging to scheduled caste and scheduled tribe community and was not even permitting them to fetch water from the public bore-well. Based on this report FIR (unexhibited) was registered against the accused/Appellant herein and three other persons on 2.12.1993 under Section 3(1)(X) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. After completion of investigation challan was filed on 7.2.1994 for the said offence.

(3.) So as to hold the accused persons guilty, prosecution has examined as many as 06 witnesses in support of its case. Statements of the accused persons were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.