RAJA BHAI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 26.9.2002 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Sagar in Special Case No. 75/01, wherein the appellant has been convicted of the offences under Section 354 of IPC 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 six months' R.I. with fine of Rs. 500/ -. In default of payment of fine, one month's R.I.

(2.) THE prosecution's case in short is that on 26.2.2001 at about 8:00 p.m. in the evening, the prosecutrix (PW -1) went outside of her house at village Basahari (Police Station Khimlasa, District Sagar) to answer the call of nature. When she was about to come back, the appellant held her from back side and threw her on the ground and pressed her breast and told that he would cohabit with the prosecutrix. However, the prosecutrix could escape and came to her house and she informed about the incident to her husband and other family members. She sustained the injuries on neck, chest, knee, waist and elbows. On the next day, she had lodged an FIR at Police Station, Khimlasa. She was sent for her medico legal examination. After due investigation, the charge sheet was filed before the JMFC, Khurai, who committed the case to the Special Judge.

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