SHOBHARAM YADAV Vs. THE STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 7.7.1999 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Tikamgarh in Special Case No. 42/1998 whereby the appellant has been convicted of offence under Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as "Special Act") and sentenced to six months' RI with fine of Rs.2000/ - and in default of payment of fine three months' RI.

(2.) THE prosecution's story, in short, is that the prosecutrix (PW -1) was resident of Village Kanchanpura (Police Station Niwadi District Tikamgarh). On 2.8.1998 at about 2:00 PM the prosecutrix was inside her house and her husband Maniram (PW -2) was working behind the house. The appellant went to the house of the prosecutrix on a bicycle and knocked the door. He gave a bag to be kept in the house, but the prosecutrix denied to do so. Thereafter the appellant held her hand and asked for to go on the bed. Thereafter he pressed her breasts by his both hands. On her shouting, her husband came to the spot, therefore the appellant ran away. The prosecutrix had lodged an FIR at Police Station Niwadi against the appellant. After due investigation, a charge sheet was filed before the Special Judge.

(3.) DURING the pendency of the trial, on 5.3.1999 the prosecutrix had filed a compromise application, and therefore charge of Section 354 of IPC was compounded and the appellant was acquitted from that charge due to compromise. However, after considering the prosecution evidence, the trial Court has convicted the appellant for the offence under Section 3(1)(xi) of the Special Act and sentenced as mentioned above.