SIRIYA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 24.7.1999 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Betul in Special Case No. 46/98, whereby the appellant has been convicted of the offences under Sections 3(1)(x) & 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter referred as 'the Special Act') and sentenced to six months' R.I. with fine of Rs.500/ - and one year's R.I. with fine of Rs.500/ - respectively. The default sentence in lieu of payment of fine was also prescribed.

(2.) THE prosecution's case, in short is that on 12.9.1998 at about 1:30 p.m., the prosecutrix (PW -2) was washing her clothes near a Hanuman Temple in village Lohardhana (Police Station Chicholi, District Betul). She was accompanied with Bisondi Bai (PW -4) and Nanibai (DW -1). The appellant passed threw that way and told her that he would outrage her modesty and thereafter, he held her breast by both hands and started squeezing them. The prosecutrix raised a stick, which was lying there and gave a blow on knee of the appellant then, the appellant assaulted the prosecutrix by an iron rod causing injuries on her right knee, right thigh and right leg. She sustained so many injuries. Her blouse was also torn from left side. The appellant abused her with obscene words. Thereafter, the prosecutrix went to inform her husband and lodged an FIR Ex.P/2 at police station, Chicholi. She was sent for her medico legal examination to the Community Health Centre, Chicholi. Dr. Vijay Kumar Arakh (PW -1) examined the prosecutrix and gave his report Ex.P/1. He found four blunt injuries to the prosecutrix. One was on left leg, second was on right knee, third was on right wrist and fourth was on right nipple. After due investigation, the charge sheet was filed and ultimately, matter was sent to the Special Court.

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