MANISH KUMAR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) FEELING aggrieved by the judgment of conviction and order of sentence dated 19-8-2002 passed by learned Special judge, Guna in Special Case No. 201/2001 convicting appellant under Section 354, IPC as well as under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the act') and thereby sentencing him to suffer imprisonment as mentioned in the impugned judgment, appellant has preferred this appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) IN brief, the case of prosecution is that on the date of incident prosecutrix along with her Nanad (sister-in-law) went to evacuate in the field where appellant also arrived and by catching the hand asked her to accompany him to Jhore (a place in the field ). It is said thai when prosecutrix snatched her hand, appellant grappled and pressed her breast. It is also stated that when prosecutrix screamed, appellant fled from the place of occurrence and he was seen running away by Sukhlal. Prosecutrix after arriving at her home narrated the incident to her husband, but on account of non-availability of the conveyance they could not go to Police Station to lodge the report.

(3.) IT is the further case of prosecution that on the next day at 12. 00 in the noon when appellant was going away in front of the house of prosecutrix, she identified him and told her husband that appellant is the person who outraged her modesty yesterday. The husband of the prosecutrix bhagwanlal inquired from appellant that why he outraged the modesty of his wife, on this, it is said that appellant pelted Gumme (pieces of brick ). It is also said that bhagwanlal was thrown on the ground that one Ghasilal intervened. On being asked the name, appellant told his name to be Manish kumar.