KISHANLAL BISEN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This criminal appeal has been filed to challenge the judgment delivered on 31/1/2006 in Special (Criminal) Case No.73/2005 by Special Judge, Balaghat, whereby the appellant (hereinafter referred to as "accused") was convicted of the offence of Sec. 451 and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act 1989 (for short, "Act") and was sentenced to three months rigorous imprisonment with fine of Rs.1,000.00 and additional rigorous imprisonment of one month for non-payment of fine for the offence of Sec. 451 IPC, and six months rigorous imprisonment with fine of Rs.1,000.00 and additional rigorous imprisonment of one month in case of non-payment of fine for the offence of Sec. 3(1)(xi) of the Act.

(2.) Facts relevant for the decision of this criminal appeal are that the prosecutrix was inside her house at around 10:00 - 11:00 p.m. on 21/8/2005 and her son was sleeping in another room; accused Kishanlal arrived there and asked for sexual favour from the prosecutrix; he also used criminal force to outrage her modesty; the prosecutrix screamed upon which her son came and switched on the light; accused then fled away, but he was seen even by the brother-in-law of prosecutrix; she got the FIR registered and was medically examined; the investigation followed and the charge-sheet was filed. The impugned judgment was passed after conclusion of trial under which the accused was convicted and sentenced as aforesaid.

(3.) The grounds raised in this criminal appeal are that there is no material to show that the act was done with an intention that the prosecutrix belonged to scheduled caste/ tribe; there was no legal evidence to support the prosecution case; the FIR was delayed and there were material contradictions in the statements of witnesses. It was claimed that the accused was falsely implicated in the case, accordingly a prayer was made to set aside the conviction and acquit the accused.