DHAN RAJ @ DANDUA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 25.1.1997 passed by the learned Special Judge, Khandwa in Special case No.42/1996, whereby the appellant was convicted for offence punishable under sections 452 of IPC and section 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act, 1989 and sentenced for 6 months rigorous imprisonment for each count.

(2.) Prosecution's case, in short, is that, on 29.3.1996, the prosecutrix (P.W.1) was staying in her house all alone situated in front of Vijay Dal Mill, Khandwa. At about 2 p.m. in the noon, her father went to fetch some bidis from a shop and the prosecutrix was all alone in the house. The Criminal Appeal No.349 of 1997 appellant came to the house of the prosecutrix and requested for providing some water for drinking. When the prosecutrix went inside the house then, the appellant also went inside the house and held her both hands. On her shouting, her father Bala (P.W.2) came to the spot and therefore, the appellant ran away from the spot. Bala took his daughter to the police station Moghat-road, Khandwa. He lodged the FIR, Ex.P/1 at about 4.30 p.m. After due investigation, a charge-sheet was filed before the Special Court.

(3.) The appellant abjured his guilt. He did not take any specific plea in the matter. He has stated before the trial Court that he was falsely implicated in the case. However, no defence evidence was adduced.