D N BHARTHARE Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal has been preferred under Section 374(2) of the Code of Criminal Procedure being aggrieved by the judgment, finding and sentence dated 18.08.1993 passed by the Special Judge, Sehore in Special Case No.69/92 whereby the appellant has been convicted under Section 3(l)(xi) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced thereunder to R.I. for 1 year with fine of Rs.300/- in default to further R.I. for 2 months.

(2.) The prosecution case in brief is that on 04.02.1992 Hemlata (PW-1), aged about 10 years was going with her parents from Bhopal to Patan. They alighted at Jharkheda to change the bus. Pannalal (PW-3) - father of Hemlata (PW-1) sat at Hotel of Banwarilal (PW-4). Hemlata (PW-1) also went there. The appellant came there and talked with her. He caused to sit her in his lap, put his hand into her chaddi and inserted his finger in her vagina. She cried and ran towards her mother Janki Bai (PW-2) and told about it. Meanwhile, the appellant went away. On enquiry, Banwarilal (PW-4) told them that he was the teacher. Then they proceeded to Patan to attend marriage in their relations and returned therefrom on 06-02-1992. Hemlata (PW-1) lodged the report Ex.P/1 at Police Station, Doraha where the crime No. 36/92 under Section 354 I.PC. and 3(l)(xi) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered. Map was prepared. Statements of the witnesses were recorded, accused was arrested. After completing the investigation, the charge sheet was filed in the Court of C.J.M., Sehore from where the case was committed on 11- 11-1992 to the Sessions Court.

(3.) The appellant stood charged under section 3(l)(xi) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 that on 04-02-1992 at 6:00 p.m. at village, Jharkheda he used criminal force to Hemlata a member of Scheduled Caste with intent to outrage her modesty.