1. - The appellant has preferred instant criminal appeal under Section 374(2) Cr.P.C. to challenge the judgment dated 25.7.1996 passed by the Special Judge, Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Cases, Pratapgarh, whereby, the trial Court convicted the appellant for the offence under Section 447 I.P.C. and Section 3(1)(v) of the SC and ST (Prevention of atrocities) Act, 1989 and passed sentence for three months rigorous imprisonment for offence under Section 447 I.P.C. and one year rigorous imprisonment with fine of Rs. 2000/- for offence under Section 3(1)(v) of the Act of 1989.

2. Brief facts of the case are that a complaint was filed by the complainant Sint. Mangi Bai who belongs to Scheduled Caste community in the Court of Additional Munsif-cum-Judicial Magistrate, Pratapgarh on 17.2.1992 in which it is alleged by her that appellant and his son Ashraf committed theft of standing crop of her agricultural field, therefore, action may be. taken against them. The concerned Magistrate sent the said complaint under Section 156(3) Cr.P.C. to the Police Station Rathanjna, Village Gadola, District Chittorgarh. Upon receiving the said complaint, the Police