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2015 Supreme(Chh) 88

CHANDRA BHUSHAN BAJPAI
Tarachand – Appellant
Versus
State of Madhya Pradesh – Respondent


Advocates:
Advocate Appeared:
For Appellant/Petitioner/Plaintiff:Seema Singh, Advocate
For Respondents/Defendant: Akhilesh Mishra, Panel Lawyer

ORDER

Chandra Bhushan Bajpai, J.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 24-7-1999 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act, 1989"), Raipur (M.P.) (now C.G.) in Special Sessions Case No. 162/98 whereby and whereunder the learned Special Judge after holding the appellant guilty for committing house trespass to commit offence (other than theft) punishable with imprisonment and assault to complainant (P.W. 1) (name not mentioned) belonging to Scheduled Tribes with intent to outrage her modesty, convicted him under Section 451 of the Indian Penal Code (for short "the IPC") and Section 3(i)(xi) of the Act, 1989 and sentenced him rigorous imprisonment for 6 months; and rigorous imprisonment for 6 months and to pay fine of ` 500/-, in default of payment of fine, additional rigorous imprisonment for 10 years, with a direction to run both the substantive jail sentences concurrently. The learned Special Judge gave the appellant benefit of set off for the period the appellant remained in custody, i.e., 25-12-1998 to 4-1-1999 (11 days) towards the subst
















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