LAKHANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 19.8.1996 passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act, Katni in Special Case No.18 of 1995 whereby the appellant was convicted for offence punishable under Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be mentioned as the "Special Act) and sentenced for six months rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, two months simple imprisonment was also directed.

(2.) THE prosecution's case in short is that on 22.6.1995 at about 12.00 in the noon the prosecutrix (PW1) went to the forest of Village Kothia Mehgawa (Police Station Barhi, District Jabalpur). Since one monkey was jumping on the tree of Mahuwa, fruits of Mahuwa were dropped on the ground and therefore, the prosecutrix was collecting those fruits. Suddenly the appellant came from her back and held her mouth and threw her on earth. THE prosecutrix made hue and cry and called her Didi (mother-in-law) therefore, Itia Bai (PW2) ran to the spot and thereafter, the appellant ran away from the spot. Similarly Guddi Bai (PW2) also went to the spot and the prosecutrix told the entire story to Guddi Bai and Itia Bai. Some other woman of the village came to the spot and they were informed about the incident. THE prosecutrix informed about the incident to her husband in the evening. THEreafter, she went to lodge an FIR at Police Station Barhi on 24.6.1994 and thereafter, a case was registered. THE prosecutrix gave a certificate about her caste, obtained from the Sarpanch of Gram Panchayat. After due investigation a charge sheet was submitted before the Special Court.

(3.) ON the other hand the learned Panel Lawyer has submitted that the conviction as well as the sentence directed by the trial Court is appropriate and there is no reason to interfere in the appeal.