BAGDIRAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of the Cr.P.C. has been filed by the appellant Bagdiram being aggrieved by judgment dated 17.05.2007 passed by Special Judge, Ratlam in Special Case No.22/06 convicting the accused for offence under Section 3(I) (XI) of the SC/ST Act and sentenced to undergo RI for one year with fine of Rs.1000/-; in default of payment of fine the appellant was to undergo an additional sentence of 3 months S.I.

(2.) Brief facts of the prosecution case are that on 22.2.2006 at 10 AM in the morning Prembai aged 12 years (P.W.2) was returning home after delivering food to her father Govaji (P.W.3) in the field of Kamalsingh Anjna; when on the way near the field of one Bherulal near the mango tree accused Bagdiram stopped her and catching hold of her, fell her to the ground. He tried to ravish her and hearing the shouts for help Bagdiram threatened and ran away. She returned to her father, narrated the incident to Muna Khan, Kishan Anjna and thereafter Prembai along with her father went to the Police Station to report the matter. However, there was nobody at the Police Station and hence the FIR was lodged only on the next day i.e.23.02.2006 vide Ex.P/3; the FIR was scribed by Ramsingh Meda (P.W.6) the Station Incharge. Bipul Kumar Pandey S.D.O.P. (P.W.7) visited the spot and prepared the spot map. The statements of witnesses of Goba, Prembai, Shantibai, Munna Khan and Kishanlal recorded and the caste certificate of Prembai was also seized and on completion of investigation the accused was arrested and duly committed to the trial.

(3.) He abjured his guilt and stated that he was falsely implicated in the matter. The Trial Court, however, on considering the evidence convicted and sentenced the accused as herein above indicated, being aggrieved the appellant has filed the appeal.