DABLOO ALIAS SHAHJAD Vs. STATE OF M P

JUDGEMENT

(1.) THIS appeal is directed against the judgment of the Court of Special Judge, guna dated 16-6-2000 in Special Case No. 1/2000 whereby the appellant has been convicted under Section 354, IPC and under Section 3 (1) (xi) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo R. I. for six months on each count and fine of Rs. 100/-under the later section.

(2.) ACCORDING to the prosecution, the incident took place on 10-1-2000 at about 12 in the noon in Village Mudra, the prosecutrix Sitabai (P. W. 1) was in her house and the appellant came for spates and when she was giving spates he molested the prosecutrix knowing it well that she belongs to Scheduled Caste and also uttered words "chamar" with an intention to degenerate her status. The Trial Court framed the charges on both count as stated in Para 1 and after trial found him guilty and convicted accordingly.

(3.) IT is submitted on behalf of the appellant that the prosecution has utterly failed to prove its case that the appellant has been falsely implicated due to enmity of Panchayat Election. Lastly it is also submitted that the first information report is delayed.