BABLU @ UMESH GOLHANI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 25/7/2012 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act (for short "Special Act") Seoni District Seoni in Special Case No.82/2010, whereby the appellant was convicted for commission of offence punishable under Sections 323 of IPC and sentenced for three months' rigorous imprisonment with fine of Rs.500.00. In default of payment of fine amount, 15 days' RI was also directed.

(2.) THE prosecution's case, in short, is that the complainant Janki Bai (PW-1) had lodged an FIR on 10.8.2010 at Police Station Lakhnadaun that the appellant abused her by obscene words and words based upon her caste. He pushed the complainant voluntarily causing her injuries and also threatened her. The complainant was referred for her medico legal examination. Dr. B.S.Solanki (PW-4) found the multiple abrasions on the left forearm of the complainant and she was complaining pain on right buttock. After due investigation, a charge sheet was filed before the JMFC Seoni, who committed the case to the Special Court, Seoni.

(3.) THE learned Special Judge after considering the prosecution evidence acquitted the appellant from the charges of offence punishable under Sections 294, 506 (Part-II) of IPC and Section 3(1)(x) of the Special Act, but convicted him for the offence under Section 323 of IPC and sentenced as mentioned above.