SURESH KUMAR PATEL Vs. STATE OF M.P

JUDGEMENT

(1.) THIS Appeal is preferred by the accused/appellant being aggrieved by the judgment dated 28.1.2004 passed by the Special Judge, Jabalpur in S.T.No.650/03. By the impugned judgment, the trial judge acquitted the appellant for commission of offence under section 354 IPC, however, convicted him for commission of the offence under Section 3(1)(xi) Scheduled Castes and Scheduled Tribes (Prevention) of Atrocities Act,1989 ( in short 'the Act') and awarded sentence of RI six months.

(2.) THE allegation against the appellant is that at around 12 O' Clock in the night when the complainant was sleeping in her house, appellant knocked the door of the house of the complainant and when she opened the door, appellant encircled her in his arms and tried to outrage her modesty. After hearing her hue and cry, accused/ appellant ran away. The complainant lodged the report (Ex.P/1) of the incident on 6.9.03. After investigation, police filed the charge sheet. The prosecution examined four witnesses in their support whereas accused appellant examined two witnesses in his defence.

(3.) THE complainant (PW.1) in her evidence deposed that she did not remember the date and month, however, she stated that in the night she was sleeping in her house along with her children. Her father -in -law was sleeping in the courtyard outside of the house. In the night she heard the noise of knocking of door. When she opened the door, appellant was standing there who encircled her in his arms and tried to outrage her modesty. At that time, she cried. After hearing her cry, her father -in -law came and then accused/ appellant ran away. The report of the incident was lodged at the police station, Sihora. She further admitted in her evidence that her husband died two years before and she know appellant from earlier. He used to come to the house of elder brother of her husband.