DEEWAN SINGH RAJPUT Vs. STATE OF M.R

JUDGEMENT

(1.) APPELLANT Deewan Singh Rajput has preferred this appeal aggrieved by impugned judgment dated 1st February 2000 passed by Special Judge, Shivpuri (Atrocities) in Special Case No. 39/98 whereby appellant has been convicted under section 456 of IPC and under section 3(1) (XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced to undergo 6 months rigorous imprisonment with fine of Rs. 1,000/- and in default 3 months rigorous imprisonment and 6 months rigorous imprisonment, fine of Rs. 3,000/- and in default 3 months rigorous imprisonment respectively.

(2.) PROSECUTION case in brief is that complainant Bhatobai belongs to scheduled caste. Appellant Deewan Singh belongs to a caste other than scheduled castes and scheduled tribes. On 16.2.1998 at about 10 p.m. appellant entered in the house of complainant and outraged her modesty using criminal force with ulterior motive. On making alarm by complainant Bhatobai, appellant ran away leaving behind his clothes. FIR (Ex. P-2) has been lodged. Statement of witnesses have been recorded under section 161 of CrPC. Spot map (Ex. P-3) has been prepared and the appellant has been arrested.

(3.) PROSECUTION examined five witnesses. After hearing both the parties and going through material on record, the learned trial Court convicted the appellant under section 456 of IPC and 3(1) (XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and sentenced him as aforementioned.