DILIP Vs. STATE OF M P

JUDGEMENT

(1.) This appeal u/s. 374 of the Cr.P.C. against the judgment dated 30.5.2013 passed by Special Judge, Scheduled Caste Scheduled Tribe (Prevention of Atrocities), Mandsaur in Special Case No.52/2011 whereby convicted the appellant u/s. 3(1)(10) of the Schedule Caste Scheduled Tribe (Prevention of Atrocities) Act, 1989 (in brief "the Act") and sentenced to undergo 6 months' RI with fine of Rs.1,000/ - with default clause.

(2.) Brief facts of the case are that at the relevant time, complainant viz. Santoshbai who is a member of Scheduled Caste was Surpanch of Gram Panchayat and on 27.7.2011 at about 11 am. along with her son viz. Banti was proceeded to Panchayat Office. On way, Balu (since deceased) and his son Dilip met and they started abusing and humiliated Santoshbai.

(3.) After completing the investigation, final report was filed against Balu and his son Dilip. Learned Special Judge framed the charge against Balu and Dilip u/s. 341, 294, 506 Part II of IPC and u/s. 3(1)(10) of the Act. Balu and Dilip abjured their guilt and took defence that due to previous enmity, they have been falsely implicated in this case. Prosecution examined 7 witnesses, whereas in defence, no witness has been examined.