BODHI RAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 19.05.1998 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act, 1989'), Ambikapur District Sarguja in Special Criminal case No. 34 of 1997 whereby learned Special Judge after holding the appellant guilty for commission of offence punishable under Sections 3(1)(xi) of the Act, 1989, sentenced him to undergo rigorous imprisonment for 1 year and fine of Rs. 1,000.00. In default of payment of fine, the Appellant was required to undergo simple imprisonment for 3 months.

(2.) Conviction is impugned on the ground that without there being an iota of evidence the learned trial Court has convicted and sentenced the appellant as aforementioned and thereby committed an illegality.

(3.) Case of the prosecution, in brief, is that the Prosecutrix Khilmatbai (PW-1) is Gond by caste and belongs to Scheduled Tribe Community. She was living with her husband. On 23.03.1997, at about 6.00 a.m., when the prosecutrix was going to fetch water from handpump, at that time, the accused/appellant came there, caught her hands and dragged her towards his house with an intention to outrage her modesty. When she was trying to get herself free from the Accused/Appellant, her husband came there. Thereafter, the appellant assaulted him with a stick and flew away from the spot. The entire incident was seen by Tulsai (PW/7), Dular Sai and Jhingo Bai (PW/3). The prosecutrix reported about the incident at Police Station vide Ex.P-3 against the appellant where a crime under Sections 354 and 323 of the Penal Code and Sec. 3(l)(xi) of the Act, 1989 was registered.