MAHENDRA KUMAR Vs. STATE OF MADHYAPRADESH

JUDGEMENT

(1.) THIS Criminal Appeal is directed against the judgment of conviction and order of sentence dated 20-11-1993, delivered in Special Case No. 33/92 whereby the learned Special Judge, Durg has convicted the appellant under Section 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 (henceforth 'the Act of 1989') and sentenced him to undergo R.I. for 18 months and to pay a fine of Rs. 1000/-, in default of payment of fine to further undergo S.I. for 4 months.

(2.) THE brief facts are that on 30-3-1992, the prosecutrix Parmila Bai lodged a written report in the Police Station Arjunda that on 28-3-1992, in the night at about 9O' clock, the appellant Mahendra Kumar made assault and tried to outrage her modesty near the house of Kotwarin, while she was returning to her house with her aunt Agasiya Bai after watching movie in Television. On the basis of report of the prosecutrix, F.I.R. Ex. P/1 crime was registered for an offence punishable under Section 3(1)(xi) of the Act and Section 354 of the IPC against the appellant by the Police Station, Arjunda.

(3.) BASED on F.I.R. Ex. P/1, police started investigation. Statements of witnesses were recorded under Section 161 Cr.P.C. and charge-sheet was filed before the Special Judge, Durg.