DEVENDRA SINGH Vs. JHABUA DHAR KSHETRIYA

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 2.7.1996, passed by Special Judge, SC/ST (Prevention of Atrocities) Act in Special Case No.303/1996 whereby appellant was convicted for offence punishable under section 452 of I.P.C and inflicted with the sentence of rigorous imprisonment for one year with fine of Rs.200.00; in default of payment of fine he was to undergo additional rigorous imprisonment for one month.

(2.) The prosecution story in short is that on 31.3.1993 the prosecutrix (P.W.I) was all alone in her house. The appellant came to the house and demanded for a glass of water. The prosecutrix refused to provide water and therefore, the appellant kicked her and also showed a dagger and tried to outrage her modesty. On shouting, the appellant ran away. The prosecutrix went to the Police Station Silwani and lodged an FTR before the Police Station. Police Silwani registered a case and sent her for her medico legal examination. After due investigation the charge sheet was filed before the Special Judge under SC/ST (Prevention of Atrocities) Act/Sessions Judge, Raisen which was transferred to the Special Judge after constitution of a post of Special Judge in the District.

(3.) On considering the evidence adduced by the prosecution, learned Special Judge acquitted the appellant for offence punishable under sections 506B, 354 of I.P.C and section 3(1) (xi) of SC/ST (Prevention of Atrocities) Act but convicted the appellant for offence punishable under section 452 of IPC and sentenced as mentioned above.