ABHAY Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This Criminal Appeal under Sec. 374(2) of Cr.P.C. has been filed against judgment and sentence dtd. 31/12/2014 passed by Additional Sessions Judge/Special Judge (Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act), Harda in Special Session Case No.35/2013 by which appellant has been convicted for the following offences: <FRM>JUDGEMENT_49_LAWS(MPH)1_2024_1.html</FRM>

(2.) It is the case of prosecution that prosecutrix 'A' and her sister 'B' were residing in front of File Ward Toll, Harda. For taking training of computer, they used to come to Deendayal Library at 09.00 a.m. The incident in question took place on 19/9/2013 and it is alleged that 5 days prior to the incident appellant was stalking the prosecutrix 'A' from a place near Hardol Baba Mandir to Library and he was always suggesting that she looks good and therefore, she should marry him. On 19/9/2013 the appellant after chasing the prosecutrix caught hold of her hand and again proposed that she should marry him as he likes her and a threat was also extended that in case if she lodges a report, then she would be abducted. On raising alarm by the prosecutrix and her sister, Pare sir and madam Farzana came out of the Library and informed the brother of the prosecutrix. The incident was also seen by by-passers. The prosecturix lodged the FIR and accordingly, Crime No.298/13 was registered against appellant for offence under Ss. 354, 354(D) of IPC and Sec. 3(1)(11) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The police prepared the spot map and collected the caste certificate of the prosecutrix. The MLC of the prosecturix was obtained. The documents pertaining to computer training which was being taken by prosecutrix and her sister were collected. Appellant was arrested. The statements of the witnesses were recorded and after completing the investigation, the prosecution filed charge sheet against appellant for offence under Ss. 354, 354 (D) of IPC and Sec. 3(1)(11) of Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act.

(3.) The Trial Court by order dtd. 28/10/2013 framed the charges under Ss. 354, 354 (D) of IPC and Sec. 3(1)(11) of Scheduled Castes and Scheduled Tribes, (Prevention of Atrocities) Act.