BAHADUR SINGH DHAKAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 22.08.2003 passed by learned Special Judge. Guna in Special Case No. 14812001 convicting appellant for the offence punishable under Section 3(l)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter shall be referred to as "Act" and thereby sentencing him to suffer f months RI and fine of Rs. 1.000/- in default further RI of 1 month, this appeal has been preferred by the appellant under Section 374(2) of the Code of Criminal Procedure.

(2.) In brief, the case of the prosecution is that on 3.3.2001 the prosecutrix lodged FIR that on 2.3.2001 at 8.30 p.m. when she was alone in her house as her husband and son were in Khaliyan, At that time appellant came to her house and inquired about her husband and when she told that he had gone to Khaliyan, it is said that appellant by catching hold her hands, hugged her and also pressed her breast. When she screamed, Mansingh and Shantilal arrived there and they managed to release her from the clutches of the appellant. Thereafter, appellant ran away from her house. Her husband and son also came from Khaliyan to whom she narrated the entire episode. On account of night and nonavailability of conveyance in the village, on the next day morning only the report was lodged in the police station. Initially case was registered under Section 354 of IPC but later on during investigation it was found that appellant is not a member of Scheduled Caste or Scheduled Tribe community although the prosecutrix is member of Scheduled Caste community, hence the case was registered under Section 3(1 )(xi) of the Act.

(3.) After the investigation was over, a charge-sheet was submitted in the committal court which committed the case to the Court of Session from where it was received by the trial Court for trial.