SUNIL THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 16/2/2009 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act (for short "Special Act") Betul in Special Case No.14/2007, whereby the appellant was convicted for commission of offence punishable under Sections 353 of IPC and sentenced for three months' rigorous imprisonment with fine of Rs.200/-. In default of payment of fine amount, one month's SI was also directed.

(2.) THE prosecution's case, in short, is that on 22.3.2006 one C.S.Batham was working as a Peon in the office of RTO Betul. At about 3:00 PM C.S.Batham was going to the chamber of RTO to obtain signature. In the way the appellant snatched the papers from the hands of Batham and thrown them on the earth. He also shouted upon the victim on the basis of his caste. Shri C.S.Batham gave the intimation of the incident to the RTO concerned and thereafter a report was sent to the Police Station Kothi Bazar, Betul. Thereafter the matter was transferred to the Police Station AJK Betul. After due investigation, a charge sheet was filed before the JMFC Betul, who committed the case to the Special Court, Betul.

(3.) THE learned Special Judge after considering the prosecution evidence acquitted the appellant from the charges of other offences, but convicted him for the offence under Section 353 of IPC and sentenced him as mentioned above.