CHHATTISGARH HIGH COURT
T.P. Sharma, J
Asharaf Khan v. State of M.P.
| Table of Content |
|---|
| 1. conviction depends on evidence and proving allegations. (Para 1 , 2 , 3) |
| 2. defense claims insufficient proof; state counters. (Para 5 , 6) |
| 3. caste proof is essential for sc/st act convictions. (Para 7 , 9) |
| 4. sentencing adjusted based on case circumstances. (Para 10) |
1. Present appeal arises out of judgment and order dated 21-3-1997 passed by the Special Judge, Raipur in Special Criminal Case No. 421/1996 convicting the accused / appellant under S.3(1)(xi) of the SC / ST (Prevention of Atrocities) Act (in short 'the Act') and sentencing him to undergo rigorous imprisonment for six months and to pay fine of Rs. 500/-, in default of payment of fine to further undergo rigorous imprisonment for three months.
2. Brief facts of the case are that on 19-9-1996, at 11.50 p.m. FIR (Ex. P - 1) was lodged by the prosecutrix (PW - 1) a minor girl aged about 15 years alleging that an hour before thereto i.e. at about 10.00 p.m. when she was returning along with her grandmother Fultori Bai, after watching television, on the way accused / appellant came from behind and pressed her breast and when she protested, people who were accompanying her abused him whereupon he ran away from
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