KARIM KHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 24.12.1997 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Sehore in Special Case No. 390/1997, whereby the appellant has been convicted of offence under Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as 'the Special Act') and sentenced to two years' R.I. with fine of Rs.2,000/ -. In default of payment of fine, six months R.I. in addition.

(2.) FACTS of the case, in short are that the prosecutrix (PW -1) alongwith her husband Ramprasad (PW -2) were working in the fields of one Badri Prasad (PW -4) at village Charnal (Police Station Ahamadpur, District Sehore). On 19.2.1994, the prosecutrix was working near her hut. Her husband went to the field of his employer Badri Prasasd. The appellant came to the spot and held the hands of the prosecutrix. When she stood up, the appellant took her hand back and he assaulted her by a stick of Beshram for two times on her back. Since the employer was out of station therefore, the prosecutrix and her husband did not go to lodge the FIR on that day. However, on the next day, the prosecutrix had lodged the FIR Ex.P/1 at police station, Ahmadpur, District Sehore. She was sent for her medico legal examination. Dr. Deepak Chaturvedi (PW -3) examined the prosecutrix and found two parallel bruises on her back. After due investigation, the charge sheet was filed before the Special Judge.

(3.) THE Special Judge after considering the prosecution's evidence, convicted and sentenced the appellant as mentioned above.