MUNNALAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal against the judgment dated 5.1.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Jabalpur in Special Case No. 171/1997 whereby, the appellant has been convicted of offences under Section 456 of I.P.C and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as the "Special Act") and sentenced to one years rigorous imprisonment with fine of Rs.500/ - and one years rigorous imprisonment with fine of Rs.500/ -.

(2.) THE facts of the case in short are that on 14.7.97 at about 8.30 p.m the prosecutrix (PW5) was present in her house, situated at Village Pipariya (Police Station Panagar, District Jabalpur). At about 8.30 p.m the appellant went to the house of the prosecutrix and asked for a glass. When she gave a glass to the appellant he held her hand and snatched her towards him and also pressed her breasts. On shouting of the prosecutrix, her uncle Lallu @ Kailash (PW4) came to the spot and the appellant scuffled with Lallu and bitten him on his cheek. Amin (PW3) had also reached to the spot. The prosecutrix had lodged an FIR Ex.P/2 at Police Station, Panagar on the same day at about 10.15 p.m. The victim Lallu @ Kailash was sent for his medico legal examination. Dr. G.K. Upadhyay (PW1) examined him and gave a report Ex.P/1. A single injury was found on his cheek. After due investigation charge sheet was filed before the Special Court.

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