LAWS(MPH)-2015-5-14

OMPRAKASH Vs. STATE OF MADHYA PRADESH

Decided On May 05, 2015
OMPRAKASH Appellant
V/S
STATE OF MADHYA PRADESH Respondents

JUDGEMENT

(1.) THE appellant has preferred the preset appeal being aggrieved with the judgment dated 31.7.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Rewa in Special Case No. 22/1995 whereby the appellant has been convicted of offence under Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as the 'Special Act') and sentenced to one year's RI with fine of Rs. 500/ -.

(2.) THE prosecution's case, in short, is that on 30.4.1995 at about 7:00 PM the prosecutrix (PW -1) after completion of her work of making bricks was going to her house situated at Village Nakta (Police Station Govindgarh District Rewa). She was followed by her co -workers Kusum, Baby, Asha and Kalli. Near a Nala, the appellant appeared at the scene of crime and hugged her with a bad intention. He insisted for her permission to have cohabitation. On her shouting, when her follower workers came to the spot, the appellant ran away. The prosecutrix came to her house and informed her husband Babulal (PW -4) and also Up -Sarpanch Balmik (PW -5). On the next date morning, she went to the Police Station Govindgarh and lodged an FIR Ex.P -1. After due investigation, a charge sheet was filed before the Special Court.

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