RAFEEK Vs. STATE OF M P

JUDGEMENT

(1.) This is an appeal preferred by appellant Rafeek feeling aggrieved by the judgment dated 5th September, 1997, delivered by the then Special Judge, Waraseoni in Special Criminal Case No. 39/95 in which appellant has been convicted for alleged offence punishable under section 3(1)(xi) of SC and ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act") and sentenced to RI for six months and fine of Rs. 50/-, in default of payment of fine appellant to further undergo SI for three months.

(2.) In brief the prosecution case is that appellant, all of a sudden, appeared at the house of complainant (P W 1), caught hold of her hands, dragged her to a nearby place, embraced her and touched her breasts and outraged her modesty on the ground that she belonged to Kharole caste which is a scheduled caste, and being a member of upper caste, outraged her modesty with co-accused Ikram. Matter was reported, police took the cognizance, arrested the appellant, and filed charge sheet. Vide aforesaid judgment dated 5.9.1997, though co-accused and appellant were acquitted of the offence punishable under section 3(1)(xi) of the Act, but appellant Rafeek was convicted and sentenced as aforesaid on the ground of outraging the modesty of a girl of scheduled caste.

(3.) Learned PL appearing for State submitted that in his examination under section 313 CrPC, appellant has admitted the case of complainant so he cannot challenge the caste of complainant.