RAJESH SHUKLA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred by the appellant against the judgment dated 30.10.1999, passed by Special Judge (Prevention of Atrocities), Mandla in Special Case No.45/1998, whereby the appellant has been convicted for the offenses punishable under Section 3(1)(11) of SC & ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo 6 months rigorous imprisonment with fine of Rs.500/- and in default of fine additional 2 months simple imprisonment and convicted under Section 354 of I.P.C. and sentenced the appellant to undergo 6 months rigorous imprisonment.

(2.) According, to the prosecution on 06.03.1998, at about 7 AM the prosecutrix, namely, Rukhmani Bai (PW-1) had gone to 'Nahar' (canal) for attending call of nature. The appellant/accused with intent to outrage her modesty come there and pulled her 'palla'( the end part of the sari), he caught her right hand and was leading her to canal side. The prosecutrix for escaping thereof bitten on the hand of the appellant/accused and ran away to her house. There she narrates the whole incident to her mother-in-law, namely Meera Bai (PW-3) and sister-inlaw, namely, Somwati (PW-4). Thereafter at about 8:30 PM when her husband, namely, Dinesh (PW-2) returned back to home from his work, she explained the incident to him. Then, Dinesh (PW-2) went to the home of appellant/accused Rajesh Shukla to complaint. The appellant/accused insulted him. One Pramod Janger was present there who intervened. When complainant Rukhmani (PW-1) was going to police station to lodged report against Rajesh Shukla, she was threatened of her life. Therefore, she could not go to lodge report on the same day, hence, she lodged report on the following day i.e. 7.03.1998, at Police Chowki Anjaniya, Police Station Bichhiya, District Mandla. Crime was registered for the offences under Sections 354, 506 of I.P.C. and Section 3(1)(11) of (Prevention of Atrocities) Act, 1989. After completion of investigation charge-sheet was filed.

(3.) Charges have been framed under Section 354, 294 & 506-II of I.P.C. and also under Sections 3(1)(10) & 3(1)(11) of (Prevention of Atrocities) Act, 1989. The appellant pleaded not guilty and explained that Dinesh (PW-2), husband of prosecutrix, has been annoyed with him because he had bitten on his hand on 06.03.1998. Because of this Dinesh (PW-2) became annoyed and he implicated the appellant. In support of the same Smt. P. Jangela has been examined as defence witness.