SUNIL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been preferred under Section 372 of the Cr.P.C being aggrieved with the judgment dated 18.09.1998 passed by Special Judge (Prevention of Atrocities), Betul in Special Case No. 4/98, whereby the appellant has been convicted for the offence punishable under Section 3 (i) (xi) of the SC ST (POA), Act 1989 ( in short "Act, 1989)" and sentenced to undergo R.I for six months and fine of Rs.1,000/- in lieu of fine, the appellant has to undergo additional simple imprisonment for two months.

(2.) According to the prosecution story, the prosecutrix (PW 3) is a minor girl and a member of Scheduled Caste, whereas the appellant is not a member of SC or ST. The prosecutrix (PW 3) on 11.11.97 at 6:00 pm had gone to the backyard of her house to collect the cattle. It was a little dark then. When she was collecting the cattle, the appellant came there and shut her mouth by one hand and caught her right hand and dragged her towards the field. The prosecutrix (P.W 3) escaped from his clutches and shouted:- "mother." When her mother Guntay came out from her house, the appellant left the prosecutrix (PW 3) and ran away. But before he left, he threatened the prosecutrix not to inform anyone or else he will cut her into to pieces. The prosecutrix (PW 3) narrated the incident to her mother. On 13.11.1997 the prosecutrix, her parents and the accused were called by the Panchayat. Other persons such as Ghuran (PW 1), Raghunath (PW 2), Radheshyam (PW 6) were also present at the Panchayat. When the prosecutrix (PW 3) narrated at the Panchayat about the incident, the appellant slapped her. The Panchayat scolded the appellant. Due to fear of defame, the prosecutrix (PW 3) did not lodge report till 19.11.97. With the help of Ghuran (PW 1), she went to the police station and lodged report Ex. P/1. Har Prasad (PW 5), Sub-Inspector lodged the report. The crime was investigated by Gurumukh Das (PW 4) S.D.O.P and after investigation, charge sheet has been filed for offence under Section 354 of I.P.C and Section 3 (i) (xi) of the "Act, 1989."

(3.) Learned trial Court framed charges under Section 3 (i) (xi) of the "Act, 1989." The appellant pleaded not guilty and false implication.