STATE OF MADHYA PRADESH Vs. DHANNULAL

JUDGEMENT

(1.) The State has preferred this appeal against the judgment dated 20.7.1995 passed by learned Special Judge under SC/ST (Prevention of Atrocities) Act, Balaghat in Special case No.82/1994, whereby the respondent was acquitted from the charges of offence punishable under section 354 of IPC and section 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as 'Special Act').

(2.) Prosecution's case, in short, is that, on 7.12.1994 at about 11 a.m. in the morning, the prosecutrix (P.W.1) was dressing her hair in her house situated at Darbari tola, Birsa, Police Station Birsa, District Balaghat. Her husband Sumal Singh (P.W.3) went to do his job of labour. The respondent came from back of the prosecutrix and held her breasts and thereafter, he held the hand of the prosecutrix and tried to snatch her. On her shouting, the witness Raman (P.W.2) came to the spot and therefore, the respondent ran away. In the scuffling, bangles of the prosecutrix were broken. Sumal Singh, husband of the prosecutrix came from his job and took her wife to the police station, where she lodged an FIR, Ex.P/1 at about 2.30 p.m. A case was registered at Police Station Birsa. ASI Shri R.K.Sharma (P.W.5) collected 10 pieces of bangles from the spot by the seizure memo Ex.P/3. After due investigation, a charge-sheet was filed before the Special Judge, Balaghat.

(3.) The respondent abjured his guilt. He did not take any specific plea but, he had submitted before the trial Court that he was falsely implicated. However, no defence evidence was adduced.