PRAVEEN Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant has filed this appeal under Sec. 374 of the Code of Criminal Procedure against the judgment dtd. 5/3/2013 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Dhar in Session Trial No.43/2011, whereby trial Court has convicted the appellant under Sec. 353 of IPC and sentenced him to undergo six months' R.I. with fine of Rs.1000.00 and under Sec. 3(1)(X) of SC/ST Act and sentenced him to undergo 6 months' R.I. with fine of Rs.1000.00, with default stipulation.

(2.) Brief facts of the case are that on date 14/3/2011, complainant was posted as in-charge Deputy Registrar at Registrar Office and when she was sitting in her chamber accused came in her chamber and started abusing her by using caste words and prevented her from doing the public work then complainant filed a written a complaint before the police and police registered F.I.R. and after due investigation, police filed charge-sheet. Trial court framed charges against the appellant and appellant denied the charges thereafter trial court after taking evidence and considering over all prosecution evidence found the appellant guilty and convicted him as mentioned above.

(3.) Learned counsel for the appellant challenged the aforesaid findings and sentence on the ground that trial court has failed to see the matter that there is no evidence on record to prove that the appellant was guilty. All the prosecution witnesses are interested witnesses and they have been hostile and did not support the complainant's version. Prosecution has failed to produce any independent witness, therefore, prays for setting aside the impugned judgment and for acquittal of the appellant from charges.