SARMAN AHEER Vs. STATE OF M P

JUDGEMENT

(1.) THIS criminal appeal under Section 374 (2) of the Code of criminal Procedure has been filed by the appellant being aggrieved by the impugned judgment, finding and sentence dated 01. 06. 1999 passed by Special Judge, Satna in Special Case no. 45/1998, whereby the appellant has been convicted under section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and Section 354 of I. P. C. and sentenced to R. I. for 6 months with fine of Rs. 500/- in default of payment of fine additional simple imprisonment for 3 months.

(2.) THE prosecution case in short is that on 20. 08. 1998 complainant Rampyari, Charmar by caste, resident of village khatola, district Satna submitted an application at Police Station kothi to the effect that on 19. 08. 1998 she had gone to forest for grazing she-goats. Appellant had also gone there for the same purpose. He put off his clothes, caught hold of her hand, gagged her mouth by towel and grappled with her. Her dhoti was torn. At her crying he went away by abusing and threatening her. On this report Crime No. 49/98 under Sections 354, 294 and 506-B of I. P. C. and Section 3 (1) (x) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act was registered. Map was prepared. The statements of the witnesses were recorded. Her caste certificate was obtained. After completing the usual investigation the charge sheet was filed in the Court of Special Judge, Satna.

(3.) APPELLANT was charged under Sections 294, 354, 506-B of I. P. C. and Section 3 (1) (xi) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act. He denied the guilt and claimed to be tried mainly contending that he is innocent and has been falsely implicated. Prosecution examined as many as 5 witnesses and appellant also examined 2 witnesses in his defence. After appreciating the evidence trial Court found appellant guilty under section 354 of I. P. C. and section 3 (1) (xi) of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act and sentenced thereto as stated hereinabove in para no. 1 of this judgment. Being aggrieved by the impugned judgment, finding and sentence the instant appeal has been preferred by the appellant on the grounds mentioned therein.