STATE OF MADHYA PRADESH Vs. PRAHLAD SINGH

JUDGEMENT

(1.) APPELLANT /State has filed this appeal against the judgment dated 04/09/2006 passed in SST No. 127/2003 by Special Judge (SC & ST Act), Guna, Madhya Pradesh whereby respondent has been acquitted from the charges of offence punishable under Section 323 of IPC and Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (for short "the SC & ST Act") and in alternative Section 354 of IPC.

(2.) THE brief facts of the case are that on 8/6/2003 at about 9 am while complainant and her husband were going towards village Bhaison from village Madhavan, it is alleged that accused Prahlad stopped complainant on the way and said her that he will do intercourse with her. Thereafter, accused started pressing her breasts and when complainant tried to left the hand of accused, her blouse was torn. On report of complainant who belongs to scheduled caste, challan has been filed before the learned trial Court and learned trial Court after trial of the respondent for the offence punishable under Section 323, 354 of IPC and Section 3 (1) (xi) of SC & ST Act, acquitted him from all the charges by impugned judgment,hence this appeal.

(3.) LEARNED counsel for the appellant/State has drawn attention of this Court towards the statement of Prosecutrix Motibai (PW/1), who has alleged that respondent caught hold of her hand and torn her blouse and pressed her breasts, her bangles were also broken and when her husband came after hearing her cry, accused has beaten him also. Learned counsel for the appellant/State has submitted that report has been lodged immediately, therefore, learned trial Court is not justified in acquitting the respondent by disbelieving the evidence produced by the appellant.