STATE OF MADHYA PRADESH Vs. GENDALAL

JUDGEMENT

(1.) THE State has preferred the present appeal being aggrieved with the judgment dated 24.9.1999 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Panna in Special case No. 16/1999, whereby the respondent was acquitted from the charges of offence under Section 354 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities) Act (hereinafter it will be referred to as "Special Act ").

(2.) THE prosecution's case, in short, is that, on 28.3.1999, at about 8 p.m., the prosecutrix (P.W.3) went out of her house to answer the call of nature at village Menha (Police Station Pawai, District Panna). When she was coming back, the respondent met her in the way and he offered a sum of Rs.100/ - to have cohabitation with the prosecutrix. When the prosecutrix denied, he held the hands of the prosecutrix and tried to drag her towards a lonely area. In the meantime, on shouting of the prosecutrix, Vishram (P.W.5), brother -in -law of the prosecutrix, came to the spot and therefore, the respondent ran away from the spot. The prosecutrix came to her house and informed about the incident to her husband Sharan (P.W.4). The reputed citizens of the village prohibited the prosecutrix and her husband to lodge the FIR and therefore, FIR could not be lodged on the second day but, it was lodged on the third day i.e. on 30.3.1999. After due investigation, a charge -sheet was filed before the Special Court.

(3.) SPECIAL Judge, after considering the evidence adduced by the parties, acquitted the respondent from the aforesaid charges.