ANIL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 8.3.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Khandwa in special case No. 60/2001, wherein the appellant has been convicted of offence under Section 3 (1) (xi) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it will be referred to "Special Act") and sentenced to 6 months rigorous imprisonment with fine of Rs.1,000/ -, in default of payment of fine, one month's rigorous imprisonment.

(2.) THE prosecution's case, in short, is that, on 28.5.2001, at about 3 p.m., the prosecutrix (P.W.1) was preparing rice from paddy at the house of Nani Bai, situated at village Dedhtalai (Police Station Khaknar, District Burhanpur), the appellant went inside the house and held the hand of the prosecutrix and also pressed her breasts. When the prosecutrix shouted, the appellant ran away. However, he gave a threat that the prosecutrix should not inform anyone about the incident otherwise, he would kill the prosecutrix. After completion of the work, she went back to her house and when her husband Babulal (P.W.2) and mother -in -law came back to the house, she told them about the incident. On the next day, the prosecutrix lodged an FIR, Ex.P/1 at Police Station Khaknar. After due investigation, a charge -sheet was filed and case was committed to the Special Court.

(3.) SPECIAL Judge after considering the prosecution's evidence, convicted and sentenced the appellant as mentioned above.