RAMKRIPAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 18.9.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Satna in Special Case No. 7/2002 whereby the appellant has been convicted of offence under Sections 451, 324 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (herein after referred to as Special Act) and sentenced to six months RI with fine of Rs.1000/ - on each count charges, default sentence in lieu of payment of fine was also imposed.

(2.) THE prosecution's case, in short, is that on 23.12.2001 the prosecutrix (PW -1) was present in her house at Village Katkaha (Police Station Barodha District Satna). In the night the appellant went inside the house by jumping from the roof and held the prosecutrix with bad intention. He pressed her breasts & hands, thereafter bitten with teeth on her left cheek as well as left shoulder. On her shouting the appellant ran away from the house, but no one came to the spot. Thereafter the prosecutrix went to the house of her elder brother -in -law as well as sister -in -law and informed them about the incident. On the next day at about 11:00 AM she had lodged an FIR Ex.P -2 at Police Station Barodha. She was sent for her medico legal examination. Dr. Shiv Kumar Verma (PW -2) examined her at the Primary Health Centre, Barodha and gave his report Ex.P -3. He found teeth bites at four places on her person. First on the right cheek, second on the right shoulder, third on the right arm and fourth was on the left wrist. After due investigation, a charge sheet was filed before the concerned JMFC, who committed the case to the Special Court.

(3.) THE Special Judge after considering the evidence adduced by the parties, convicted and sentenced the appellant as mentioned above.