BUDH PRATAP SINGH Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant/accused Budh Pratap Singh preferred this appeal under section 374 (2) of the Code Criminal Procedure being aggrieved by the judgment dated 3.3.1997 passed by Special Judge, Satna in Special Case No. 34/96 whereby appellant /accused has been convicted for the offence punishable under section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter shall be referred to as 'Act') read with section 354 of I.P.C. and has been sentenced to rigorous imprisonment for six months with fine of T 500.00 and in default to further undergo rigorous imprisonment for two months.

(2.) Briefly stated the prosecution case is that complainant Chhotkai (P.W. 1) and her husband Ramdin (P.W. 2) are 'Kol' by caste. On 17.3.1996 at about 8 P.M., complainant Chhotkai and her husband Ramdin were sleeping in their house. On hearing the scream of the goats from the adjoining room (KOTHA), she went there and found accused Budh Pratap Singh. On seeing Chhotkai, the accused came to her, tried to outrage her modesty by molesting her breast and pushed her to the ground. When complaint Chhotkai (P.W. 1) raised alarm, her husband Ramdin (P.W. 2), brother-in-law Bhagwandin and neighbour Babulal (P.W. 3) came to rescue her and after seeing them, the accused fled away from the spot. Complainant Chhotkai (P.W. 1) lodged a report against appellant/accused at Police Station Majhgavan. On the basis of the F.I.R., invest/ action was done and a charge-sheet was filed against the appellant/accused under section 3 (1) (xi) of the Act read with section 354 of I.P.C.

(3.) Appellant/ accused was charged under section 3 (1) (xi) of the Act read with section 354 of I.P.C. in the Special Court (SC/ST). He pleaded not guilty and claimed a trial mainly contending that he has been falsely implicated.