CHALANIYA DHEEMAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal against the judgment dated 18 th September, 1996 passed by Special Judge (SC & ST Act), Chhatarpur in Special Case No.161/95 convicting him under section 3(i)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentencing him to rigorous imprisonment for 3 years with fine of Rs.2000/-. In default of payment of fine further rigorous imprisonment for 6 months.

(2.) In short, the facts of the case are that on 19.12.1995, at about 12 o' clock in the day, when complainant Hiriya was going to fetch grass from her field, on way accused/appellant suddenly came from behind and caught her hand with a view to outrage her modesty. She tried to get her hand released but he did not allow her to do so, therefore, she dealt a blow of sickle to him whereupon he left her. When complainant shouted, Malkhan Singh and Vaishali reached there. On coming back to her house, she narrated the incident to her father-in-law Girdhari. On the same day, her father-in-law went to lodge the report at police outpost, but they asked him to bring the complainant. On the next day, i.e. on 20.12.1995 complainant along with her father-inlaw went to police outpost Bachhaun and lodged report Ex.P/1.

(3.) Learned Special Judge framed the charge under section 3(1)(xi) of SC & ST (Prevention of Atrocities) Act. Accused abjured his guilt and pleaded false implication. According to him, false report was lodged against him because he had lodged a report against the husband and father-in-law of complainant.