ONKAR PATEL @ OMKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal under Section 374(2) of the Criminal Procedure Code is filed by the appellant/accused being aggrieved by the judgment and finding dated 19.03.1998 passed by learned Special Judge (Scheduled Caste & Scheduled Tribe), Jabalpur, District-Jabalpur in Special Criminal Case No.173/1997, whereby the appellant/accused was convicted under Section 3(1) (xi) of SC/ST Act and sentenced him to undergo R.I. for 01 year with fine of Rs.500/-, in default of payment of fine further R.I. for two months and Section 323 of the IPC and fine of Rs.700/- in default of payment of fine, additional R.I. for 03 months.

(2.) According to prosecution case, on 13.07.1997 at about 10:00 pm, when complainant-(PW-2) was alone in her house then present appellant entered into her house and tried to outrage her modesty. On her shriek, present appellant slapped her and also pressed her chest with bad intention. Thereafter, her husband Rajkumar Kori (PW-1) and Ravishankar (PW-3) reached there then present appellant ran away from the spot. Complainant (PW-2) narrated the whole incident to her husband, namely Rajkumar Kori (PW-1) and Ravishankar (PW-3). Thereafter, on the report of the complainant (PW-2), a case has been registered against the present appellant on 14.07.1997 for the alleged offence.

(3.) Initially, vide Ex.P/1, the police has registered the FIR for the offence punishable under Sections 354 , 323 and 506 of the IPC, but after investigation police filed charge- sheet by adding the offence of Section 451 of the IPC as well as Section 3(1)(xi) of the SC/ ST Act . Spot map was prepared as Ex./P-2 and during investigation, statements of witnesses have been recorded. Dr. G.K. Chourasiya (PW-6) examined complainant (PW-2) and prepared report as Ex./P-3. Thereafter, police has arrested the present appellant as Ex.P/4. Complainant is a member of Scheduled Caste, so police has obtained her caste certificate as Ex.P/5. The learned trial Court has framed the charges for the offence punishable under Section 323 and 506 of the IPC as well as Section 3(1)(xi) of the SC/ ST Act . In trial, the appellant has abjured his guilt, thus, the trial Court proceeded further with the trial. Prosecution has examined as many as 07 prosecution witnesses whereas defence has examined 02 witnesses in his favour. After evaluating the evidence available on record, learned trial Court found the appellant guilty for the aforesaid offence and sentenced him as aforesaid.