RADHESHYAM HEERALAL KALOTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The appellant accused has directed this appeal under Section 374 of the Cr.P.C. being aggrieved by the judgment dt. 29.10.1998 passed by Special Judge (constituted under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, (in short the act) in Special Case No. 26/1998 whereby he has been convicted and sentenced under Section 3(1)(xi) of the Act with a direction to undergo RI of 6 months with fine of Rs. 500/- with stipulation of punishment in default of depositing the fine.

(2.) The facts giving rise to this appeal in short are that Smt. Sumitrabai as alleged Balai by caste lodged the FIR on 14.5.1998 at about 4 o'clock at Police Station Gutampura Indore contending that she being an agricultural labour at about 10 o'clock in the morning accompanied with Bhanverbai, Anterbai and Kamlabai went to collect the cow dung towards the field of one Mohan Jat. During such collection accompanied person went ahead while she was backside at some distance. At the same time, the appellant Radheshyam was grazing his buffaloes came to her and after taking his basket placed on the floor and by pressing her mouth pressed her chest. On her shouting, he fled away. She further stated that appellant committed such act with intention to commit the rape but because of shouting he could not make success. Thereafter she came to her residence and after apprising such incident to his brother-in-law Jagdish and father-in-law Mangilal accompanied with them came to Police Station and lodged the report. On which a crime for the offence under Section 354 IPC and Section 3(1)(xi) of the Act was registered, investigated and on completion of the same the appellant was charged sheeted for his prosecution.

(3.) On assessment of the charge sheet a charge of Section 3(1)(xi) of the Act was framed. The appellant abjured the guilt on which the trial was held. On appreciation of the evidence by holding the appellant guilty for such offence, he was punished with the above mentioned punishment. Being dissatisfied with such judgment of conviction and sentence, the appellant has come to this Court with this appeal.