NARESH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) JUDGMENT dated 8.1.1999 passed by the Special Judge under SC/ ST (Prevention of Atrocities) Act, Mandla in Special Case No. 132 of 1997 whereby the appellant was convicted for offences punishable under Section 354 of I.P.C and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter it will be mentioned as the "Special Act") and sentenced with three years rigorous imprisonment and six months rigorous imprisonment with fine of Rs.500/-. In default of payment of fine three months simple imprisonment was directed.

(2.) THE prosecution's case is short is that on 28.11.1997 at about 5.30 p.m in the evening the prosecutrix (PW1) along with one Bhuri Bai (PW2) was coming back from her work. When she reached near Sanyal School, Chuna Bhata the appellant met her in the way. He proposed that he would give some money and she should go with the appellant. He pressed her breasts and held her hands to drag her. THE prosecutrix scolded the appellant and thereafter, Bhuri Bai saved the prosecutrix. THE prosecutrix soon thereafter lodged an FIR Ex.P/1 at Police Station Mandla. She had also mentioned that she was working in the contract of Nazir Bhaijan and the appellant was also working with him for some time and therefore, Nazir Bhaijan who, came to the spot had also scolded the appellant. After due investigation a charge sheet was filed before the Special Judge, Mandla.

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