RAJENDRA SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 09/05/2012 This appeal has been preferred against the judgment dated 02/05/2009 passed by Special Judge (SC/ST Act) Satna in Special Case No. 48/2007 convicting the appellant under section 454, 354 IPC and sentenced him to 6 months R.I and fine of Rs.500/- for each offence.

(2.) FACTS of the case in short are that on 04/03/2007 at about 10.00 PM while prosecutrix, aged 22 years (PW-5) was sleeping in her house along with children, appellant entered in the house and switched off bulb and started sleeping with her and pressed her breast. Initially, prosecutrix was under impression that her husband had come back in the house remained silent, but while she found smell of liquor and her husband did not consume liquor, she got awakened. Prosecutrix raised alarm, her other family members assembled there. Then appellant ran out of the house giving threat to her that he will see her.

(3.) AFTER appreciating aforesaid evidence, appellant was acquitted of the charge under section 3(1)(xi) of SC/ST Act. However, convicted and sentenced him as above.