DAYARAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appeal has been preferred by the accused Dayaram aggrieved by judgment dated 5. 8. 1999 passed by Sessions Judge, Tikamgarh, in Special case No. 52/98 thereby he has been convicted for commission of offence u/s 354 of IPC and sentenced to six months RI and fine of Rs. 3,000/-, in default of payment of fine to undergo further two months' RI. He has also been convicted for offence u/s 3 (1) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 and sentenced to six months RI and fine of Rs. 3,000/-, in default of payment of fine to undergo further two months' RI. Both the sentences were ordered to run concurrently.

(2.) AS per the prosecution case on 28. 8. 1998 the complainant Durgiya is Kumhar by caste, she was coming back to the house after selling earthen pots. When she reached near the house of accused, he caught hold of her and pressed her breast, he wanted to take her in nearby room, she raised hue and cry, Harichand, Ramvagas, Rajjan and other persons came to the spot. On the next day at P. S. Jeron the report was lodged. The offence was registered.

(3.) THE accused abjured the guilt and contended that he has been falsely implicated in the case. He lent certain money to the husband of complainant Durgiya. On making the demand the case was filed. Aggrieved by conviction and sentence imposed by the trial court the appeal has been preferred.