RAMBABU PANDEY Vs. STATE OF M.P.

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 5.3.1997 passed by the Special Judge, Satna under SC/ST (Prevention of Atrocities), Act in Special Case No.28/96, whereby the appellant was convicted for the offences punishable under Section 354 read with Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act, (hereinafter referred to as 'the Special Act') and sentenced for one year's R.I. with fine of Rs.1,000/-. In default of payment of fine, three months' R.I. was also directed.

(2.) THE prosecution's case, in short is that, the prosecutrix (PW-1) and her husband Rameshwar (PW-4) were working with one Jhallu (DW-1) and residing in their house at village Nardaha (Police Station Baronda, District Sagar). On 24.4.1996, since some guest were in the house of Jhallu due to a function, therefore, the prosecutrix was directed by Jhallu to sleep in the vacant house of the appellant. THE prosecutrix took her daughters and went to the roof of the appellant's house and slept. After one hour, the appellant came by the staircase and flashed some light upon them by a torch and asked the prosecutrix that, who was sleeping. THE prosecutrix gave her explanation and thereafter, the appellant went back. At about 1:00 a.m. in the night, the appellant again came to the spot and slept in the side of the prosecutrix and also shared her blanket. THEreafter, he pressed the breasts of the prosecutrix and also put his foot on the feet of the prosecutrix. THE prosecutrix asked him as to why he was sleeping there. THE appellant told that he did not have a bed and therefore, he was sleeping there. THE prosecutrix understood the bad intention of the appellant and therefore, she shouted. On her shouting, Ram Milan (PW-2) and Bhauwa (PW-3) came to the spot and thereafter, the appellant got down to the ground floor by the staircase. THE prosecutrix went to meet her husband, who was staying in the barn (Khalihan) of Jhallu in the night with the help of Ram Milan etc. and told him about the incident. On the next day morning, she told about the incident to Sarpanch Chandan and thereafter, she went to the Police Station, Baronda alongwith her husband, where she lodged an FIR Ex.P/1 at about 11:55 a.m. After due investigation, a charge sheet was filed before the Special Judge, Satna.

(3.) I have heard the learned counsel for the parties.