RAMADHAR Vs. STATE OF M P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Special Judge, Seoni in special case no. 54/96 vide impugned judgment dated 17/01/98 whereby being convicted u/s 354 of IPC and 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act he has been sentenced to undergo RI for 6 months.

(2.) The case in brief is that on 30/04/96 prosecutrix who is a member of scheduled tribes community at about 10.00 AM went to agricultural field to meet call of the nature. At that time appellant came and pressed her breast and thrown her on the ground. On hearing the hue and cry of prosecutrix PW-2 Brijlal who is a forest guard reached there. When appellant saw him he ran away. After returning of complainant's father-in-law, mother-in-law and husband she narrated the whole incident and lodged the Ex.P-1 FIR. She was sent for medical examination. PW-6Dr. S.S. Naphade on examination found various abrasions and lacerated wound on her body and submitted report Ex.P-6. Completing the investigation, charge sheet was filed.

(3.) Shri R. Bari, learned counsel for appellant has submitted that prosecutrix has stated in her crossexamination that appellant has committed rape with her thus, she cannot be believed.