PRADEEP KUNBI Vs. TATE OF M P

JUDGEMENT

(1.) THE applicant/ accused has preferred this revision being aggrieved by the order dated 27.5.201 land 3.8.2011 passed by Special Judge, Betul in Special Case No.44/11, framing the charge against the applicant for the offence under Section 452, 354-A of Indian Penal Code (in short "the Code") and Section 3(2) (v) of S. C. S. T. (Prevention of Atrocities), Act (in short "the Act"), by the aforesaid earlier order, while dismissed his application filed subsequent to framing the charge under Section 216 of Cr. P. C. for modification of such charge by the subsequent order.

(2.) THE facts giving rise to this revision in short are that the Station House Officer P. S. Multai on receiving a report in writing from complainant Ravi Khatrikar belonging to the sweeper community on 15.3.2011, registered a crime on the same day against the applicant for the offence under Section 354 and 456 of IPC. As per contents of FIR, on dated 12.3.2011 at about 2.30 in the noon when he came to his residence from the field to take the bucket, on opening the door he saw the applicant Pradeep Katare inside his house, who after entering in the house with bad intention had torned all weared cloths of his 20 years dumb sister Kavita and nacked her, as no cloth was present on her person. On seeing him the applicant ran away from such place, inspite making efforts he could not catch him. Subsequent to it at 4.00 O'clock the applicant again came to his residence and by giving the criminal threat to him and his family members said that whatever he (complainant) wants may do but could not damage him in any manner. THE reason for giving the report at belated stage was shown to be that his father went to Jabalpur and till the date of report he was waiting for him when he did not come then along with his sister came to lodge the report. After arresting the applicant and holding the investigation the applicant was charge sheeted for the offence of Section 354,456 of the Code and Section 3(2)(xi) of the Act. Considering the papers of the charge sheet on framing the charge of offence of Section 452,354-A of Code and Section 3 (2)(v) of the Act, the applicant abjured the guilt and thereafter, filed an application under Section 216 of Cr. P. C. for modification of the charge with the prayer to frame the charge of Section 354 of IPC by modifying the charge framed for the offence of Section 354-A of IPC and Section 3 (2) (v) of the Act, the same was also dismissed, on which the applicant has come forward to this Court with this revision.

(3.) HAVING heard keeping in view the arguments of the counsel, after perusing the entire charge sheet along with the impugned orders, I am of the considered view that in the available circumstance the trial court has committed grave error in framing the charge of Section 354-A of IPC and Section 3 (2) (v) of the Act instead such charge, the charge of Section 354 of IPC and Section 3(1) (iii) and 3(1) (xi) of the Act along with the charge of Section 452 of IPC should have been framed against the applicant. In such premises the charge of Section 452 of IPC does not appear to perverse or contrary to the papers of the charge sheet.