RAM VILAS Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT has challenged his conviction and order of sentence passed by special Judge, Hoshangabad in Special Case No. 44/1991, decided on 11-2-1994.

(2.) APPELLANT has been convicted under Section 3 (i) (xi) of Scheduled castes and Scheduled Tribes (Prevention of Atrocities) Act (hereinafter to be referred as 'act') and sentenced to Rigorous Imprisonment for six months with fine of Rs. 1,000/- by the impugned judgment.

(3.) ACCORDING to prosecution, prosecutrix is a member of Scheduled tribe. On 4-12-1991, at about 4 o'clock in the evening, prosecutrix had gone to her field, situated near Village Basaniya to graze her cattle along with one amardas, aged about six years. Appellant Ram Vilas then came there and asked her to give some berry, but the prosecutrix refused. Appellant then tried to catch hold of her sari with intent to outrage her modesty and also pressed her hands. Her sari was torn in the incident. Prosecutrix came back to her house and narrated the whole incident to her brother Shamboo, her mother and sister-in-law. The FIR of the incident was lodged by her brother Shamboo, next day, on the basis of which an offence was registered against the appellant. After due investigation, appellant was prosecuted under Section 354 of IPC and section 3 (i) (xi) of the Act and was tried before Special Judge, Hoshangabad.