GENDALAL Vs. STATE OF MP

JUDGEMENT

(1.) 30/01/2012 This appeal has been preferred against the judgment dated 07/12/2004 passed by Special Judge, Sagar in Special Sessions Case No. 44/2003 convicting the appellant under section 354 IPC read with section 3(1)(11) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act) and sentenced to 6 months R.I and Rs.500/- fine.

(2.) FACTS of the case, in short, are that on 20/01/2003 at about 6.00 pm while prosecutrix aged 14 years (PW-1) went to answer the call of nature appellant came and subjected her to some indecent assaults. On raising alarm her mother Phoola Bai (PW- 2) and brother Santosh (PW-4) reached on the spot. There had been altercation and scuffle between them. Prosecutrix lodged FIR Ex.P-1 at police station Sagar Cantt. A case at Crime No. 36/2003 under section 354 IPC and section 3(1)(11) of SC/ST Act was registered against the appellant. During investigation, Spot Map Ex.P-2 was prepared. On 21/01/2003, appellant was arrested vide Ex.P-3 Arrest memo.

(3.) THIS appeal has been preferred by the appellant against the impugned judgment on the grounds that appreciation of evidence is not proper. Evidence of prosecution witnesses are suffering from material contradictions and omissions. There is no corroboration of the prosecution by independent witnesses. Conviction is bad in law and sentence is harsh. On the other hand, learned Panel Lawyer supported the findings of conviction and sentence both.