RAJJU @ RAJEDNRA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374 (2) of Cr.P.C being aggrieved by the judgment dated 14.09.1998 passed by Special Judge under SC/ST (Prevention of Atrocities) Act, 1989 (for short "Act, 1989"). The appellant has been convicted for offence under Section 3 (1) (11) of SC/ST (Prevention of Atrocities) Act, 1989, and sentenced to rigorous imprisonment for six months with fine of Rs.100/- and in default of fine simple imprisonment for fifteen days.

(2.) The prosecution case in brief is that on 07.09.1996 at village Neemtola, the minor prosecutrix lodged a report at Police Station Lanji that her parents had gone out for their work. She was alone with her younger sister namely Ramuna Bai at home. Ramuna Bai had gone to fetch water from the tape. The prosecutrix was sweeping the house. The appellant/accused Rajju @ Rajendra who is a neighbour of the prosecutrix lurkingly entered into the house of the prosecutrix, caught her and tried to take her into the room. She was made to lay on the ground. He tried to pull out her inner garments. The prosecutrix kicked him. Even though the appellant/accused tried to caught hold of her and assault her sexually. When she tried to stand up, the appellant/accused again made her laid and she started shouting. The appellant in this struggle tried to commit rape with her. When she shouted, the accused opened the door and ran away. She also tried to hit him by the tin box. Lalita Bai (PW 2), Ashok Kalar (PW 4) saw the accused running away from the house. The prosecutrix then informed the villagers about the incident. When her mother Meera Bai (PW 3) came to the house, she narrated the incident to her. On her report Crime No. 173/1996 was lodged. After due investigation, charge sheet has been filed. Learned trial Court framed charges under Section 3 (1) (11) of the "Act 1989." The accused abjured guilt and pleaded false implication.

(3.) Learned trial Court after adducing evidence held the appellant convicted for offence and sentenced as mentioned above.