HARI ALIAS HARGOVIND Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 05.02.2003 passed by Special Judge (SC/ST) Raisen in Special Case No. 105/02 convicting the appellants under Section 452 and of IPC and sentenced to 3 months R.I. and Rs. 200/ fine, and further convicted the appellants under Section 354 of IPC and sentenced to Rs. 1,000/ fine only, in default of payment of fine sentenced 3 months R.I. has also been imposed.

(2.) Facts of the case, in short, are that on 19.06.2002 at about 2:00 a.m. while prosecutrix aged 25 years PW 1 was cooking food in her house, appellants came and asked for her husband as they were searching for her husband. Appellants did not find him in the house hence forcibly entered in the house and subjected PW 1 to indecent assaults PW 1, somehow, could manage to come out of the house and reached at police station Begamganj. She lodged report against appellant. A case was registered at Crime No. 173/2002 under section 452, 354 and 34 of IPC. Appellant Hari was arrested on 19.06.2002, appellant Deepak was arrested on 01.07.2002 and appellant Mohan was arrested on 15.07.2002.

(3.) Completing the investigation police submitted a charge sheet against appellants under Section 452, 354 of IPC and under section 3 (1) (10) of Prevention of Atrocities (SC/ST) Act, 1989. Trial court framed charges under Section 452, 354/34 of IPC and 3(1)(11) of Prevention of Attrocities (SC/ST) Act. Appellants abjured guilt.