MAHILA BHAGWATI BAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 22.08.2008 passed by 1 st additional Sessions Judge, Tikamgarh in S.T. No. 264/05, convicting the appellant under Section 182 of IPC and sentenced to 6 months R.I. and under Section 211 part II of IPC and sentenced to 2 years R.I. and with fine of Rs.1,000/

(2.) Facts of the case, in short, are that on 20.11.2002 appellant lodged FIR Ex. P 7 against Nanhe Lodhi and Bablu Tiwari at police station Budera, District Tikamgarh on the basis of which a case at Crime No.78/2002 was registered against them under Section 376(2)(g) and 506 (b) of IPC and under Section 3(1)(12) and 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. After 7 days of the incident i.e. on 27.11.2002, appellant submitted a letter ExP 15 to S.P. Tikamgarh stating that Nanhe Lodhi and Bablu Tiwari did not commit any rape on her rather they hurled abuses only. As a result of investigation it was found that no incident of rape ever took place rather appellant lodged a false report against two persons, and a Khatma report Ex. P 9 was filed in the matter before concerned magistrate and I.O. sought permission also to prosecute the appellant under Section 182/211 of IPC. Accordingly, Istgasa Ex. P 8 under Section 182/211 of IPC was submitted against the appellant.

(3.) Trial Court framed charges under Section 182/211 part II of IPC against the appellant. She abjured guilt.