SHIV SHANKAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 1/11/1996 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, 1989 (for short "Special Act") Mandla in Special Case No.51/1996, whereby the appellant was convicted for commission of offence punishable under Sections 323, 451, 354 of IPC read with Section 3(1)(xi) of the Special Act, 1989 and sentenced for one month's simple imprisonment, six months' rigorous imprisonment with fine of Rs.500/- and rigorous imprisonment for six months with fine of Rs.500/-. In each default of payment of fine, two months additional RI was directed.

(2.) THE prosecution's case, in short, is that on 26.10.1995 the prosecutrix (PW-1) was in her house situated at Village Sarri (Police Station Bamhani District Mandla). Amarlal (PW-2), Geeta Bai (PW-6) and mother Sukarti (PW-5) were also inside the house. The appellant entered into the house of the prosecutrix and asked for some water. Thereafter he was provided with the water, but he detained the prosecutrix and pushed her breasts and also held the hand of the prosecutrix. The prosecutrix directed him to go out, but he went inside the room. Ultimately, he was thrown out by Amarlal, brother of the prosecutrix, but the appellant assaulted the victim Amarlal by giving a slap. The prosecutrix had lodged an FIR Ex.P-1 on the next day morning. After due investigation, a charge sheet was filed before the Special Judge, Mandla.

(3.) THE learned Special Judge, Mandla after considering the evidence adduced by the prosecution convicted the appellant for commission of offence punishable under Sections 323, 451, 354 of IPC read with Section 3(1)(xi) of the Special Act and sentenced as mentioned above.