SANTOSH PATLE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) 08/05/2012 This appeal has been preferred against the judgment dated 21/01/2008 passed by Special Judge (SC/ST) Balaghat in Special Case No. 01/2007 convicting the appellant under section 354, 457 and 506-II, INDIAN PENAL CODE, 1860 and sentenced him to 6 months R.I, 1 year R.I and 6 months R.I and fine of Rs.500/- on each count.

(2.) FACTS of the case in short are that on 28/01/2007 in mid night while prosecutrix aged 19 years (PW-4) was sleeping in the house on a cot with her grand-mother, appellant entered in the house and touched her face and subjected her to indecent assault. Prosecutrix (PW-4) tried to run away, but appellant forced her to stop and threatened her that if she tells this incident to anybody, she will face the consequences. Prosecutrix (PW-4) somehow managed to run away. Appellant also ran out of the house leaving his chappals there.

(3.) AFTER appreciating aforesaid evidence, appellant was acquitted of the charge under section 3(1)(xi) of SC/ST Act. However, appellant was convicted and sentenced as above.