BALU ALIAS BALCHAND Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374, Cr.PC has been preferred by the appellant being aggrieved by the judgment dated 7-1-1997 passed by the Court of Shri Shivdatta Oza, Special Judge, Shajapur in Special Case No. 29/96 by which the appellant has been convicted under Section 354, IPC and has been sentenced to three months RI with fine of Rs. 500/-.

(2.) According to prosecution case in the night of 19-2-96 Bhawaribai wife of Motilal was cooking food at her well at about 8.00 p.m. in the forest of Kawrakhedi. Her husband had gone to village to collect milk. At that time accused Balu came there and demanded sticks of match box from her and sat near Chulha. Bhawaribai gave him sticks of match box. At that time accused caught hold the hands of Bhawaribai and pushed her on ground and tried to pull her Ghaghari. In defence Bhawaribai assaulted accused by axe then accused ran away. Bhawaribai chased him but could not succeed. Then Bhawaribai reached at the well of Bheru where Ratan s/o Narayan, Ratan s/o Gangaram and Bheru were sitting near fire. She told them about the incident. After arrival of her husband, Bhawaribai told the incident to her husband as their children were alone, hence they could not proceed to report to police station immediately. On the next day on report of Bhawaribai Crime No. 15/96 was registered. After investigation challan was filed. The accused was tried under Section 3 (1) (11) of the SC/ST (Prevention of Atrocities) Act and in the alternative under Section 354 of IPC and after trial punished as mentioned above. Hence this appeal has been filed.

(3.) It has been argued on behalf appellant that he has been falsely implicated in this case due to enmity. Bhawaribai assaulted him by the axe on the same day; a report of which was lodged by the appellant in the police station on 20-2-96 at 4.00 p.m. and accused was sent for medical examination and for this act Bhawaribai is also being prosecuted. To meet out this case false report was lodged by Bhawaribai on the same day at 8.00 p.m. with unexplained delay of 24 hours. Appellant has been falsely implicated in this case. There is no independent witness of the incident. In the report of the appellant this fact is mentioned that he went to the house of Bhawaribai and demanded sticks of match box from her and thereafter she assaulted him by axe due to which he sustained bleeding injury on his left hand. In FIR lodged by Bhawaribai this fact has been added that at that time accused appellant caught hold of Bhawaribai, therefore, she assaulted him by axe. But this fact has not been stated by Bhawaribai in her statement. Statement of Bhawaribai (P.W. 1) is full of contradictions and omissions. Her evidence is not reliable. She has also alleged that one day appellant raped her but no report of this rape was made in the police station. Her statement is not believable. In cross-examination Bhawaribai has also admitted the fact that a case against her is pending in the Susner Court on the report of appellant. The fact that accused caught hold hand of Bhawaribai with the intention to outrage her modesty is lacking in the evidence. There is not a single whisper in the statement of Bhawaribai (P.W. 1) that appellant caught hand of Bhawaribai (P.W. T) with the intention to outrage her modesty. Under the circumstances the appellant was not liable to be convicted. Hence appeal should be allowed.