NARESH SAHU Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 (2) of the Cr.P.C has been filed assailing the judgment dated 8th April, 2002 passed by Special Judge, Mandla under SC ST (POA) Act, 1989 (for brevity "Act, 1989") in Special Case No. 173/2000, whereby the appellant has been convicted for offence under Sections 451, 354, & 323 of I.P.C and for offence under Section 3 (1) (XI) of "Act, 1989" and sentenced to one year rigorous imprisonment with fine of Rs. 200/-, six months' R.I, six months' R.I and one year R.I with fine of Rs. 200/-.

(2.) The prosecution story in brief is that Halki Bai (PW1) is a member of "Gond tribe" which is a 'Scheduled Tribe.' The appellant belongs to "Sahu" by caste which is not in the category of Scheduled Caste or Scheduled Tribe. On 02.06.2000 at about 2:00 p.m at village Chirai Dongri, the prosecutrix was alone at her home. Her children had gone to the farm. At that time the appellant with intent to outrage her modesty came to her house. He asked for money to have liquor. When the prosecutrix did not give money, with intent to outrage her modesty, suddenly he caught her and squeezed her breast. He also told her that he will commit sexual intercourse. When the prosecutrix protested, the accused/appellant used force, whereby her blouse was torn. The appellant forcibly tried to take her into the house. When she shouted for help, Samaru Sahu, Ratto Bai (PW 2), Santosh (PW 3), Lalita Bai (PW 5) arrived.

(3.) Learned trial Court framed charge for offences mentioned above. The appellant abjured guilt and pleaded that he has been falsely implicated by the complainant. Halke Bai (PW 1) constructed her house in which the appellant was engaged as a labourer. On the date of incident, the appellant went to the prosecutrix for his arrears of wages. Annoyed with this and to avoid payment of the same, she lodged the false report.