SURESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 21.8.1997, passed by the Special Judge under SC/ ST (Prevention of Atrocities) Act in Special Case No.26/97 whereby the appellant was convicted for offence punishable under Sections 448, 354 of I.P.C and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter it would be mentioned as the "Special Act") and sentenced for three months rigorous imprisonment with fine of Rs.300/- and one year rigorous imprisonment with fine of Rs.1000/-. In default of payment of fine, he was to undergo additional simple imprisonment for six months.

(2.) THE prosecution's story in short is that on 6.3.1994 at about 8.00 pm in the night the prosecutrix (P.W.2) was in her house situated at Village Gadaghat, Police Station Patan, District Jabalpur. At about 8.00 p.m in the night the appellant went inside the house and held her hands. He had blown the lamp which was in the hand of the prosecutrix and thereafter, he pressed her breasts and tried to drag her to the inner room. The prosecutrix shouted and therefore, her husband Vishwanath (P.W.4), Rajjo Bai (P.W.1), Ghasita (P.W.3) etc. came to the spot and therefore, the appellant ran away. The prosecutrix (P.W.2) had lodged an FIR in Police Station, Patan at about 9.00 p.m in the same night. A case was registered and investigation was done. After due investigation a charge sheet was filed before the Special Judge, Jabalpur. Ultimately the case was transferred to Special Judge (since no Special Court was constituted in the beginning therefore, the Sessions Judge was working as a Special Judge and after constitution of Court of Special Judge the case was transferred to that Court).

(3.) THE learned counsel for the appellant has submitted that the appellant was falsely implicated in the matter. The witnesses are not reliable. Learned Special Judge overlooked the evidence given by the defence witnesses. No offence is made out against the appellant. He has further submitted that in the present case investigation was done by Sub Inspector, G.R. Kasera (P.W.7) whereas it was to be done by some officer having the rank of DSP and therefore, Rule 7 of the Rules made in the Special Act is violated. Similarly a charge sheet was to be filed before the Magisterial Court and case was required to be committed as per dictum laid by Hon'ble the Apex Court in the case of "Gangula Ashok and another Vs. State of A.P [(2000) 2 SCC 504] and therefore, the Special Court could not take any cognizance in the case. The learned counsel for the appellant placed his reliance upon the judgment passed by the single Bench of this Court in the cases of "Bhagwan Singh & others Vs. State of M.P." [2009 (1) MPLJ 353], "Dhanraj Singh Vs. State of M.P." [2006 (1) MPJR 70] and "Bharatsingh and another Vs. State of M.P." [2007(1) MPHT 451] and it is prayed that appeal may be accepted.