PUSHPRAJ SINGH Vs. STATE OF M.P

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 20.4.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Rewa in Special Case No. 22/1997 whereby the appellant has been convicted of offence under Section 354 of IPC read with Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the 'Special Act') and Section 323 of IPC and sentenced to six months' RI with fine of Rs. 200/ - for each count. In lieu of payment of fine, default sentence was also imposed.

(2.) THE prosecution's case, in short, is that on 28.2.1997 at about 2:00 PM the prosecutrix (PW -1) was going to the field of his father Bacholiya (PW -2) to provide him a tiffin at Village Ragoli (Police Station Semariya District Rewa). In the way the appellant held her hand with bad intention. She shouted and ran to her grand -father Rugan (PW -3). On shouting of Rugan, the appellant assaulted him by a stick causing various injuries. Shankar Kol and Ramshiromani also came to save the victim Rugan, then the appellant also assaulted him. Thereafter the appellant ran away. An FIR was lodged by the prosecutrix at about 1:30 PM on 1.3.1997 at Police Station Semariya. The victim Rugan was sent for his medico legal examination. Dr. Prakash Singh Parihar (PW -5) examined the victim Rugan and gave his report Ex.P -7. He found three simple injuries to the victim Rugan. After due investigation, a charge sheet was filed before the Special Court.

(3.) THE appellant -accused abjured his guilt. He took a plea that he was falsely implicated in the matter due to political enmity. In defence Rahis Singh Chandra Singh (DW -1) was examined.