CHHATAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 21.8.1996 passed by the Special Judge (SC/ST Prevention of Atrocities, Act) Raisen in Special Case No.320/1996, whereby the appellant was convicted for the offence punishable under Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as 'the Special Act') and sentenced for six months S.I. with fine of Rs.300/-. In default of payment of fine, he was to undergo for one month's S.I.

(2.) PROSECUTION's case in short is that on 31.3.1994 at about 6:00 p.m. in the evening, the prosecutrix (PW-3) was cleaning the wheat in front of her house situated at village Bamhori, District Raisen then, the appellant came there and held her from the back. Thereafter, the prosecutrix got herself escape and started running then the appellant kicked his leg on her abdomen. The prosecutrix went to the house of her sister-in-law Kalabai (PW-5) then, the appellant chased her and held the hand of Kalabai with bad intention and tried to take her inside the room but ultimately, the prosecutrix and her sister-in-law left the spot and they went to the field and informed father of the prosecutrix. An information was given to the Mukaddam Umrao Singh and Kotwar of the village. Thereafter, the prosecutrix had lodged an FIR Ex.P/2 at Police Station, Raisen and a case was registered. After an appropriate investigation, a charge sheet was filed before the trial Court.

(3.) I have heard the learned counsel for both the parties at length.