SITA RAM Vs. STATE OF M P

JUDGEMENT

(1.) This appeal is directed against the judgment dated 02.07.1998 rendered by the Special Judge, SC ST (POA) Act, 1989, Seoni in Special Case No. 32/1997 whereby the appellant has been convicted for offence under Section 3 (1) (11) of SC ST (POA) Act, 1989 and for offence under Section 354 of I.P.C but no sentence has been imposed for offence under Section 354 I.P.C separately and the appellant has been sentenced for six months R.I combinedly.

(2.) As per the prosecution story on 19.7.1997 at village Dhanora, the prosecutrux Sheela Bai had gone to the market along with Ramiya Bai and Panna Lal. At about 5:00 p.m, it was drizzling. After purchasing of vegetable when she was going towards the bus-stand along with Ramiya Bai, Sitaram came in from behind and pulled her "Palla" (corner of the saree). When she turned around, she saw that it was the appellant (Sitaram). The accused seeing her covered the opened umbrella and outraged her modesty, therefore, Sheela Bai (PW 1) then pushed him and fled from the spot. Accused called her "Neech" Pardhanani and threatened not to lodge any report. The complainant Sheela Bai went to the police station and lodged report Ex. P/1. Police registered Crime No. 24/1997 for offence under Section 354 I.P.C and 3 (1) (11) SC ST (POA) Act, 1989. After completion of investigation, charge sheet was filed.

(3.) Charges under Section 354 I.P.C and Section 3 (1) (11) of SC ST (POA), Act, 1989 were framed. The appellant pleaded innocence and false implication.