LAWS(MPH)-2016-8-149

HARINARAYAN Vs. STATE OF M P

Decided On August 16, 2016
HARINARAYAN Appellant
V/S
STATE OF M P Respondents

JUDGEMENT

(1.) This appeal under Section 374(2) of Cr.P.C. has been preferred against the judgment dated 30.07.2002, passed by Special Judge (Prevention of Atrocities), Sagar in Special Case No.107/2001, whereby the appellant has been convicted for the offenses punishable under Section 354 of I.P.C. and also under Section 3(1)(11) of SC & ST (Prevention of Atrocities) Act, 1989 and sentenced to undergo 6 months rigorous imprisonment with fine of Rs.500/- and in default of fine additional 1 month rigorous imprisonment has been awarded. For the offense under Section 354 of I.P.C. no separate sentence has been passed.

(2.) According to the prosecution case on 19.03.2001, at about 8 AM in Village Hathkhoh, P.S. Deori, District Sagar the appellant/accused tried to outrage the modesty of the prosecutrix, who is the member of SC/ST category by using criminal force, because of this the utensil in which she was carrying water fell down, thereafter she came back to the village and informed about the incident to Kunarsan (PW-1), her father-in-law, Ramcharan (PW-2) & Mohan (PW-7). Police after investigation filed chargesheet.

(3.) Learned trial Court framed charges under Section 354 of I.P.C. And 3(1)(11) of SC & ST (Prevention of Atrocities) Act, 1989. The appellant abjured guilt and pleaded false implication. The learned Court below after adducing evidence has held appellant guilt and sentenced as stated above.