SUJEET KUMAR @ PAPPU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 31.7.2000 passed in Special Criminal Case No.23 of 2000 by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Bilaspur convicting the accused/Appellant under Section 506B of the Indian Penal Code and Section 3(1)(xi) of the Act of 1989 and sentencing him to undergo rigorous imprisonment for 2 1/2 years and to pay fine of Rs.500/- and rigorous imprisonment for 6 months and to pay fine of Rs.500/-, respectively, with default stipulations.

(2.) Case of the prosecution, in brief, is that on 13.3.2000, at about 11:30 a.m., Complainant Ku. Shweta (PW2) had gone to her school. On the way, the accused/Appellant, chasing the Complainant, stopped her near the gate of SECL Colony and abused her using filthy words against her caste. He threatened her that if she discloses the incident to anyone, he will kill her. She somehow avoided him and raised speed of her bicycle. When she was locking her bicycle near the gate of her school, the accused again reached there, pushed her away and snatched the key of the lock of her bicycle. On this, she screamed. Having heard her scream, one teacher, namely, Navin Kumar (PW1) came there. Having seen that the teacher has reached near the Complainant, the accused, threatening her, fled from there. A written report (Ex.P2) was submitted by the Complainant on the basis of which First Information Report (Ex.P3) was registered against the accused in Police Station Sarkanda. Crime under Sections 294, 506B and 354 of the Indian Penal Code and Section 3(1)(x) of the Act of 1989 was registered. After completion of the investigation, a charge-sheet was filed against the accused/Appellant for offence under Sections 294, 506B and 354 of the Indian Penal Code and Section 3(1)(xi) of the Act of 1989. Charges were framed against the accused under Sections 294, 506B and 354 of the Indian Penal Code and Section 3(1)(xi) of the Act of 1989.

(3.) So as to hold the accused guilty, the prosecution examined as many as 6 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 his innocence and false implication in the case.