STATE OF M P Vs. RAKESH @ RAKKU

JUDGEMENT

(1.) This appeal under Section 378 of Cr.P.C. has been filed against the judgment dated 4.11.2008 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 in S.T.No. 123/2004 by which the respondent has been acquitted for offences punishable under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 or in the alternative under Sections 354, 451 of IPC.

(2.) The necessary facts for the disposal of the present appeal in question are that on 3.9.2004 at about 10:00 in the morning the complainant/prosecutrix aged about 16 years was all alone in her house. At that time the respondent entered in the house and outraged the modesty of the prosecutrix who belongs to schedule caste.

(3.) According to the prosecution case, the prosecutrix lodged a FIR on 3.9.2004 at about 17:00 alleging therein that about about 10:00 AM she was all alone in her house and at that time the respondent entered in the house. She was preparing the meals. The respondent said that why she has refused to marry him and kissed on her cheek and pressed her breast.