TRIBHUWAN KASHYAP Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 15.5.2000 passed in Special Sessions Trial No.126 of 1999 by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Raipur convicting the accused/Appellant under Section 3(1)(xi) of the Act of 1989 and sentencing him to undergo rigorous imprisonment for 6 months and to pay fine of Rs.500/- with default stipulation.

(2.) Case of the prosecution, in brief, is that on 4.10.1999, at about 8:00 - 8:30 p.m., the prosecutrix (PW-3) had gone to attend the call of nature near Badi (fence) of her house. When she was returning, on the way, the accused caught her and pressed her breast. On her shouting, her husband Vishnuram (PW-4), running, came there and he also saw the accused. He caught lungi of the accused. The accused, leaving his lungi in the possession of Vishnuram (PW-4), fled from there. Thereafter, a panchayat meeting was called. On 7.10.1999, the prosecutrix lodged First Information Report (Ex.P-4). After investigation, a charge-sheet was filed against the accused under Section 354 of the Indian Penal Code read with Section 3(1)(xi) of the Act of 1989.

(3.) So as to hold the accused guilty, the prosecution examined 9 witnesses in support of its case. Statement of the accused was also recorded under Section 313 Cr.P.C. in which he denied the charges levelled against him and pleaded innocence and false implication in the case.