DEVI PRASAD VISHWAKARMA Vs. STATE OF M P

JUDGEMENT

(1.) THIS Criminal Appeal under Section 374 (2) Cr. P. C. has been filed being aggrieved by the judgment, finding and sentence dated 22. 02. 2007 passed by Special Judge, Chhindwara in Special Case No. 66/06, whereby the appellant has been convicted under Sections 354 of I. P. C. and 3 (1) (xi)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced only under Section 3 (1) (xi) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act, 1989 to S. I. For 6 months, in default of payment of fine to further undergo S. I. for 15 days.

(2.) PROSECUTION case in short is that Ku. Lalita Kumre (Guruji), E. G. S. Unnat primary School. Lehra submitted the written application to her immediate superior officer with regard to the fact that on 05. 05. 2006 at 11:30 a. m. appellant Devi prasad Vishwakarma. Block Resources Coordinator outraged her modesty during the course of inspection of the School. He also threatened her to remove from service in case of disclosure of this incident to anybody else. This report was sent to police station Pandhurna which was received on 09. 05. 2006. The inquiry was made on it. The statement of complainant and her parents were recorded. Thereafter on 02. 06. 2006 Crime No. 247/2006 under Section 354 I. P. C. and 3 (1) (xi)of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 was registered against the appellant. She was sent for medical examination but no external injuries were found on her person. Spot map was prepared. The caste certificate was seized. The statements of the witnesses were recorded. After completing the usual investigation, the charge sheet was filed in the Court of C. J. M. , Chhindwara who committed this case to the Sessions Court for trial.

(3.) THE appellant was charged under Sections 354 of I. P. C. and 3 (1) (xi) of the scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Appellant abjured the guilt and claimed to be tried mainly contending that he has been falsely implicated. Prosecution examined as many as seven witnesses but the appellant did not examine any witness in his defence. After appreciating the evidence trial Court found him guilty for the offences charged and sentenced under Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act only as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the judgment, finding and sentence the instant appeal has been preferred on the grounds mentioned in the memo of appeal.