GOVINDI Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 24.8.1998 passed by the Special Judge, Chhatarpur in Special Case No. 27/96, whereby the appellant has been convicted of offence under Section 3(1)(xi) of the SC/ST (Prevention of Atrocities), Act (hereinafter referred to as the 'Special Act') and sentenced for six months' R.I. with fine of Rs. 500/ -. In default of payment of fine, R.I. for the 45 days.

(2.) FACTS of the case in short are that on 17.3.1996, the prosecutrix (PW -1) was working in the field of Mahendra Singh at village Lakheri. At about 3:00 p.m., she went to feed her child by breast feeding and her husband Moolchand (PW -2) was clearing the food grains from the fodder near the spot. The appellant went to the spot and pressed the breast of the prosecutrix with bad intention and thereafter, he left the spot. The prosecutrix immediately rushed and told about the incident to her husband and also to Mahendra Singh owner of the field. Moolchand chased the appellant but the appellant not only abused Moolchand but also held his neck. Thereafter, the prosecutrix had submitted a written report Ex.P/1 at Police Station, Khajuraho and an FIR Ex.P/2 was registered on the same day. After due investigation, the charge sheet was filed before the Special Court.

(3.) THE appellant abjured his guilt. He took a plea that he was working as a driver on the tractor of Mahendra Singh and Mahendra Singh was not giving his salary and therefore, he was chucked off. Thereafter, due to instigation of Mahendra Singh, he was falsely implicated in the matter, however, no defence evidence was adduced.