RANJEET SINGH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 23.5.1997 passed by the Special Judge under SC/ ST (Prevention of Atrocities) Act (hereinafter it is mentioned as the "Special Act") Seoni in Special Case No.24 of 1996 whereby the appellant was convicted for offence punishable under Section 3(1)(xi) of the Special Act and sentenced for six months rigorous imprisonment.

(2.) The prosecution's case in short is that on 31.12.1995 at about 7.00 p.m in the evening the prosecutrix (PW2) went in the khaliyan of Kadhori at Village Begarwani (P.S Dhanora Dist. Seoni) to fetch some grass for her cow. When she prepared the bundle of grass and kept it on her head, the appellant came to the spot, threw away the bundle from her head and threw her also on the earth and thereafter, he tried to commit rape upon her. On shouting of the prosecutrix the appellant ran away from the spot. Since the husband of the prosecutrix had gone to the Jabalpur to do some work and therefore, after his arrival from Jabalpur the prosecutrix lodged and FIR at Police Station Dhanora on 5.1.1996. The prosecutrix was directed for her medico legal examination. Dr. Mahesh Kumar Sahlam (PW1) after examining the prosecutrix gave a report Ex.P/1. He found that there was an old healed wound on her back which could be seven days old. After due investigation a charge sheet was filed before the Special Judge under the Special Act.

(3.) The appellant abjured his guilt and took a specific plea that he was falsely implicated in the matter because the husband of the prosecutrix had done some encroachment on the land of the appellant and to pressurize the appellant a false case was created against him. In defence some documents like panchanama, copy of the revenue record, FIR dated 16.3.1995 etc. were produced and defence witness Kadhorilal (DW1), Jagat Singh (DW2), Dalchand (DW3) and Santram (DW4) were also examined.