VIJAY KUMAR LAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both Criminal Appeal and Criminal Revision are being disposed of by this common judgment.

(2.) Criminal Appeal No. 2476 of 1998 by Accused-Vijay Kumar Lal is directed against the judgment dtd. 5/10/1998 passed in Special Sessions Case No. 21 of 1997 by the Special Judge, Raipur whereby the Accused has been convicted for having committed offence punishable under Sec. 3(1(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter called 'the Act') and sentenced to undergo rigorous imprisonment for six months and to pay fine of Rs.500.00. In default of payment of fine, he was required to undergo 10 days further imprisonment.

(3.) The prosecutrix and Accused-Vijay Kumar Lal both were working in Primary School, Bhatgaon. The prosecutrix was an Assistant Teacher. She alleged that that Accused Vijay Kumar Lal used to treat her immodestly on many occasions on one pretext or the other. He used to try to touch her and to make indecent contact with her. This continued from the year 1990 to 1996. According to the prosecutrix, she did not complain about this to any person for many years because she did not want to bring this matter out in open and the Accused always used to laugh on her allegation and also told that he would not repeat this again in future. However, about 4-5 years later, she complained to her husband-Girwar (PW-5), who in turn raised this issue before the villagers including Govind Ram (PW-3) and PW-4, Bodhan Singh Dhruv (PW-4). Further allegation of the Applicant-prosecutrix is that she first made oral complaint to the Head Master of the school and thereafter to the higher authorities but nothing was done. Thereafter, she made oral complaint to Sarpanch of the village who directed her to make a complaint. The she made a written complaint to the Panchayat on 29/11/1996. Even then the Sarpanch took no action on the same and she wrote some further letters to the higher authorities.