LAL CHANDRA @ LALU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 09.05.2012 This appeal has been preferred against judgment dated 07.01.2010 passed by Special Judge (Atrocities) Burhanpur in Special Case No.39/2009, convicting the appellant under Section 324 and 354 of IPC and sentenced to R.I. for 6 months and with fine of Rs.500/ for each offence.

(2.) FACTS of the case, in short, are that on 13.11.2008 at about 12:30 p.m. while prosecutrix aged 17 years PW 1 was going in the market to shop of tailor, appellant came and snatched her Dupatta and touched and pressed her hips. On showing resistance by prosecutrix crowd assembled. Appellant told that such persons deserves this treatment only. While brother of prosecutrix Raju PW 3 reached on the spot and resisted then appellant dealt a blow on his head and further caused injury by teeth bite on his right hand. Prosecutrix PW 1 lodged FIR at police station AJAK, District Burhanpur. A case at Crime No.11/2008 under Section 354, 323, 324 of IPC and under Section 3(1)(10) and 3(1)(11) of SC/ST Act was registered against the appellant. Prosecutrix and Raju were sent to P.H.C. Burhanpur for their medical examination. Appellant was arrested on 20.11.2008. After completing investigation, police submitted charge sheet.

(3.) PROSECUTRIX PW 1 stated that appellant pressed her hips and snatched her Dupatta. On offering resistance by her crowd assembled. In cross examination it has been suggested that appellant was in the state of intoxication. But this suggestion has been denied. Even if this is the case, then also appellant can hardly get any benefit of that condition.