TANTU @ MAHENDRA KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 3.8.1996 passed by the Special Judge, Mandla in Special Case No.20/96, whereby the appellant was convicted for the offences punishable under Section 354 of IPC read with Section 3(1)(xi) of the SC/ST (Prevention of Atrocities), Act (hereinafter referred to as the 'Special Act') and sentenced for six months' R.I. with fine of Rs.500.00 and in default of payment of fine, three months' R.I.

(2.) THE prosecution's case, in short is that, on 5.12.1993 at about 12:00 p.m. in the noon, when the prosecutrix (PW-2) was giving a bath to her child at her house situated at Chhoti Kheri (Police Station, Mandla), the appellant came to the spot and held the hand of the prosecutrix and snatched her. Thereafter, he tried to take her in the room but on her shouting, Sitabai (PW-5) came to the spot and therefore, the appellant ran away from the spot. The prosecutrix told about the incident to her husband Khuman Singh (PW-3) and thereafter, she went to the Police Station, Mandla and lodged an FIR Ex.P/2. After due investigation, a charge sheet was filed before the C.J.M. Mandla, who committed the case to the Special Court.

(3.) THE learned Special Judge, after considering the evidence adduced by both the parties, convicted him for the offences punishable under Section 354 of IPC read with Section 3(1)(xi) of the Special Act and sentenced as mentioned above.