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2011 Supreme(Online)(Chh) 148

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Shyam Lal v. State of M.P.


Table of Content
1. allegations pertain to a serious crime involving modesty. (Para 2 , 7)
2. contentions regarding failure to prove caste status undermined the prosecution. (Para 5 , 6)
3. the lack of evidence regarding caste led to the appellate court's decision. (Para 8 , 9)
4. final verdict modified the sentence and increased the fine imposed. (Para 10 , 11 , 12)

1. This appeal is directed against the judgment and order dated 04/07/1996 passed by Special Judge, Raipur in Special Case No. 284/1996 convicting the accused / appellant for the offence punishable under S.3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the 'Act') and sentencing him to undergo rigorous imprisonment for one year and pay fine of Rs.700, in default of payment of fine to further undergo simple imprisonment for three months.

2. Facts of the case in brief are that on 16/01/1996 at about 11.45 p.m. FIR Ext. P1 was lodged by the prosecutrix (PW 1) a married lady aged about 45 years alleging that on that day at about 8.30 p.m when she was sleeping in her house and that her husband had not returned from his workplace, accused / appellant came there, sat on her bed and pull










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