SHAHJAD KHA Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred the present appeal against the judgment dated 31.1.2008 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act in special case No.52/2006, whereby the appellant is convicted for the offence punishable under Section 354 of IPC and sentenced with 2 months rigorous imprisonment with fine of Rs.500/-.

(2.) The prosecution's case, in short, is that, on 20.7.2006, at about 2 p.m., the prosecutrix who was resident of village Babchiya, Tahsil Bairasiya, District Bhopal went to a Nala to answer the call of nature but, when she was coming back, the appellant appeared at the scene of crime and held her hand with bad intention. The appellant asked her to go behind the bushes with him but, the prosecutrix snatched her hand and ran away. She informed about the incident to her husband, mother-in-law and brother-in-law and therefore, FIR, Ex.P/1 was lodged at Outpost-Lalariya, Police Station Bairasiya, District Bhopal. After due investigation, a charge-sheet was filed before JMFC, Bairasiya, who committed the case to Special Judge under SC/ST (Prevention of Atrocities) Act, Bhopal.

(3.) The applicant abjured his guilt. He did not take any specific plea in the case and no defence evidence was adduced.