KHALID Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 13.10.2001 passed by the learned Special Judge under SC/ST (Prevention of Atrocities) Act, Khandwa in Special Case No.13 of 2000 whereby, the appellant has been convicted of offences under Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as the "Special Act") and 354 of I.P.C and sentenced to six months rigorous imprisonment with fine of Rs.1000/ - whereas, no separate sentence was imposed for offence under Section 354 of I.P.C. In default of payment of fine one month's rigorous imprisonment.

(2.) THE prosecutions case in short, is that, on 12.9.1999 at about 5.00 p.m the prosecutrix (PW1) had lodged an FIR Ex.P/2 at Police Station Piplod, District Khandwa that at about 12 o'clock in the noon, when she was present in her house all alone, the appellant came inside her house and tried to drag her towards a ruined house so that he could have cohabitation with her. He pressed her breast and held her hand with bad intention. Mangalsutra in the neck of the prosecutrix was broken. The prosecutrix gave a kick to the appellant. In the meantime, Shantabai (PW3) and Champa Bai came to the spot and therefore, appellant left the prosecutrix. After due investigation a charge sheet was filed before the JMFC Khandwa who, committed the case to the Special Court.

(3.) THE appellant abjured his guilt. He took a plea in defence that he is a conductor in a particular bus agency and husband of the prosecutrix was a ticket agent and both of them have an enmity with each other. Also on the date of incident the prosecutrix went inside the ruined house of the appellant and in a towel she took some money and therefore, the appellant had lodged an FIR at the Police Station. The towel (handkerchief) was also recovered from the prosecutrix by the Police. Hence the prosecutrix has falsely implicated the applicant. In defence Azim Khan (DW1) was examined.