CHHOTELAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THIS criminal appeal is preferred by the appellant being aggrieved by the judgment dated 3/9/1996 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, 1989 (for short "Special Act") Sidhi in Special Case No.92/1995, whereby the appellant was convicted for commission of offence punishable under Section 3(1)(xi) of the Special Act, 1989 and sentenced for six months' rigorous imprisonment with fine of Rs.500/-. In default of payment of fine, he was to undergo one month's rigorous imprisonment.

(2.) PROSECUTION case, in short, is that on 10.9.1995 at about 9:00 in the night, the prosecutrix (PW-1) was sleeping in her house. The appellant opened the door of her house and went inside her room. He had started pressing her breasts. One her shouting, her husband Hradeylal (PW-2), father-in-law Budhlal (PW-4) came to the spot, who took the appellant outside of the house, and therefore a quarrel took place and ultimately the appellant ran away. The prosecutrix had lodged an FIR Ex.P-1 on the next day at about 8:30 AM in the morning. After due investigation, a charge sheet was filed before the Special Judge, Sidhi.

(3.) I have heard learned counsel for the parties.