SHYAMLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 6.5.2009 in Special Case No.13/2007 passed by the Special Judge SC/ST (Prevention of Atrocities), Act Sagar, 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 two years R.I. with fine of Rs.500/-. In default of payment of fine, the appellant was to undergo for six months R.I.

(2.) PROSECUTION's case in short is that on 21.11.2006, near the village Naharmau Dalpatpur, the victim Sandhya (PW-1) was sitting in her hut. Her husband Nannu (PW-2) went to graze his cattle. At about 7:00 a.m. in the morning, the appellant came to the spot and asked about her husband. Thereafter, he held the hand of the prosecutrix and also pressed her breast. On her shouting, her husband Nannu came to the spot and then, the appellant assaulted Nannu by an axe but Nannu could save him. In the meantime, Ramesh (PW-3) also came to the spot, who saw the quarrel between the appellant and Nannu. The prosecutrix was taken to the Police Station Gourjhamar, where she lodged an FIR Ex.P/1 at about 2:30 p.m. Thereafter, she was sent to the Hospital for her medico legal examination but no visible injury was found on her person. After due investigation, a charge sheet was filed before the J.M.F.C. Devri, who committed the case to the Special Court, Sagar.

(3.) DURING pendency of this appeal, the prosecutrix Sandhya moved an application to do the compromise with the appellant and also shown her voluntariness to do the compromise. The said application is also pending for consideration.