ASHARAF KHAN Vs. STATE OF M P

JUDGEMENT

(1.) Present appeal arises, out of judgment and order dated 21-3-1997 passed by the Special Judge, Raipur in Special Criminal Case No. 421/1996 convicting the accused /appellant under Section 3(l)(xi) of the SC/ST (Prevention of Atrocities) Act (in short "the Act") and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.

(2.) Brief facts of the case are that on 19-9-1996, at 11.50 p.m. FIR (Ex. P-l) was lodged by the prosecutrix (PW-1) a minor girl aged about 15 years alleging that an hour before thereto i.e. at about 10.00 p.m. when she was returning along with her grandmother Fultori Bai, after watching television, on the way accused/appellant came from behind and pressed her breast and when she protested, people who were accompanying her abused him whereupon he ran away from the spot. Based on this FIR offence under Section 354, IPC and S. 3(l)(xi) of the Act was registered against the accused/appellant. After investigation, challan was filed on 2-11-1996 against the accused/appellant.

(3.) In order to establish the guilt of the accused /appellant, prosecution has examined 5 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Cr. P. C. in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart two defence witnesses have also been examined.