MUKESH Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 15/2/2005 passed by the Special Judge (Atrocities), Guna (M.P.), in Special Case No. 307/02, convicting present appellant/accused for the offence punishable under Sec. 456 of I.P.C. and also under under Sec. 3(1)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act 1989, for brevity the Act, for six months R.I. with a fine of Rs. 500.00 and again six months R.I. with a fine of Rs. 1,000.00, respectively with default stipulations. The prosecution versions during trial is as follows:

(2.) The appellant/accused pleaded not guilty. The prosecution in order to bring home the charges, examined prosecutrix (PW-1), Biharihal, husband (PW-2), Durgaprasad (PW-3), Munnalal (PW-4) and the I.O. Smt. Suman Gurjar (PW-5) and produced documentary evidence. The appellant denied all the incriminating circumstances appearing against him in the evidence of the prosecution witnesses by adducing evidence of DW-1 Ramsajiwan and DW-2 Champalal. In sum and substance, his defence was one of total denial and that of false implication.

(3.) After hearing the learned counsel appearing on both sides and on assessment of oral as well as documentary evidence, the learned Special Judge by the judgment under appeal held that the evidence on record satisfactorily established that the prosecution has proved the appellant guilty of the offence punishable under Sec. 456 of I.P.C. and section 3(1)(xi) of the Act, and accordingly convicted and sentenced the appellant, as aforesaid.