JHANAK LAL Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by the appellant under Section 374 Cr.P.C challenging the judgment dated 15.07.1998 passed by the Special Judge, Waraseoni, Distt. Balaghat under the SC ST (POA) Act, 1989 (for brevity Act, 1989), in Special Case No. 11/1997 whereby the appellant has been convicted for offence under Section 3 (1) (11) of the Act, 1989 and sentenced to six months R.I with fine of Rs. 50 and in lieu of fine seven days simple imprisonment.

(2.) The prosecution story in short is that Sagarta Bai (PW 3) is a member of ST, whereas the accused/appellant is not a member of SC or ST category. Rate Singh (PW 1) is the father-in-law of the prosecutrix. Her father-in-law, mother-inlaw and Anita left for picking "Mahua" at 2:00 am on 28.03.1997. They kept the door closed from outside and put the "Sankal" Sagarta Bai and her four year child were alone at the house. Accused Jhanak Lal was known to them for quite some time. Accused entered into the house, switched of the bulb and tried to take out the Saree of the prosecutrix and tried to molest her. When the prosecutrix raised alarm and switched on the bulb, the accused fled from the house. Report was lodged on the very day. After investigation, charge sheet has been filed.

(3.) Learned Special Judge framed charge under Section 3 (1) (11) of the Act, 1989. Accused/appellant abjured guilt and pleaded innocent. He has claimed that he had complained about the prosecutrix that they are using excess electricity then what they were permitted, annoyed by this, he has been falsely implicated. After adducing evidence, the learned trial Court held him guilty and convicted him and sentenced as stated above.