RAJUALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 08.05.2012 This appeal has been preferred against judgment dated 24.05.2008 passed by Special Judge, Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, in Special Case No. 57/07, convicting the appellant under Section 354 and 456 of IPC and sentenced to 6 months R.I. and fine of Rs.500/ on each count.

(2.) FACTS of the case, in short, are that on 06.02.07 at about 10:00 p.m. while prosecutrix aged 30 years P.W. 7 was sleeping in her house along with Premlata Bai PW 6, appellant entered in her house through back side door and subjected her indecent assault. Prosecutrix PW 7 asked him as to why he entered in her house in absence of her husband and raised noise. Appellant ran away of the house. Prosecutrix submitted a written report Ex. P 4 at police station Parasbada next morning. On the basis of that FIR Ex. P 7 was registered. During investigation police prepared spot map Ex. P 1 and recorded statements of prosecution witness. On 26.09.07 appellant was arrested and after completing the investigation police submitted charge sheet under Section 354 and 456 of IPC and under Section 3(1)(11) of the SC/ST (Prevention of Atrocities) Act.

(3.) CHALLENGING the aforesaid judgment this appeal has been preferred on the grounds that appreciation of evidence is not proper. Evidence of prosecution witnesses is suffering from material contradictions and omissions. Trial Court has extended benefit and acquitted the appellant under Section 3(1)(11) of SC/ST (Prevention of Atrocities) Act and on the basis of same set of evidence, convicted him in erroneous manner. Conviction is bad in law and sentence is harsh. On the other hand, Government Advocate supported the findings of conviction and sentence both.