SANJAY DAS Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and order dated 26-2-1996 passed by Special Judge, Raipur in Special Case No. 137/1996 convicting the accused /Appellant for the offences punishable under Sections 3(l)(xi) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act and 506 Part-II of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six months with fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months under Section 3(l)(xi) of the SC/ST Act, to undergo rigorous imprisonment for six months under Section 506 part-II, IPC. Both the sentences were ordered to run concurrently.

(2.) Brief facts of the case are that on 15-11-1993 at about 6 p.m. F. I. R. (Ex. P-l) was lodged by the prosecutrix (PW-1), a married lady aged about 26 years alleging in it that on 14-11-1993 at about 7.00 p.m. when she had gone to her newly constructed house along with her servant Kumar Singh (PW-2), the accused/Appellant reached there, caught hold of her hand and tried to pull her by saying that he would do the bad work with her and when she cried for help her servant who was in the other room, came there and upon his intervention, accused/Appellant left her by giving a threat not to disclose the incident to anyone. After investigation challan was filed on 29-12-1993 under Sections 354 and 506 of the Indian Penal Code and 3(l)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined as many as 5 witnesses. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case.