NATHURAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred this appeal against the judgment dated 18.1.1997 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special case No.17/1995, whereby the appellant was convicted for the offence punishable under section 354 of IPC and section 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred as the 'Special Act' ) and sentenced for 1 year's rigorous imprisonment with fine of Rs.250.00 and in default of payment of fine, 1 month's additional rigorous imprisonment was also directed.

(2.) THE prosecution's story, in short, is that, on 11.2.1995, at about 4 p.m. in the evening, the prosecutrix (P.W.1) went to her field, situated at Ratanganj (Police Station Budhar, District Tikamgarh) to reap the crop of Kandi. After sometime, the appellant came and met her. He directed the prosecutrix to lay down, so that he could do the intercourse with her. The prosecutrix shouted upon him and directed to go away and thereafter, the appellant held both the hands of the prosecutrix and tried to threw her on the Earth but, the prosecutrix again stood up and shouted and therefore, Nandlal, wife of Nandlal and Ramcharan (P.W.4) came to the spot and thereafter, the appellant ran away. The prosecutrix went to her house and told the entire story to her mother-in-law Pyari Bai (P.W.5). Since her father-in-law was not available on that day, she could not lodge the FIR. On 13.2.1995, at about 9 a.m. in the morning, the prosecutrix had lodged an FIR, Ex.P/1. After due investigation, a charge-sheet was filed before the Special Judge/Sessions Judge, Tikamgarh.

(3.) THE learned Special Judge/Sessions Judge, after considering the evidence adduced by the parties, convicted the appellant for the offence punishable under section 354 of IPC and section 3 (1) (xi) of the Special Act and sentenced him as mentioned above.