Munnalal vs State of Madhya Pradesh

N.K. Gupta, J.—The appellant has preferred the present appeal against the judgment dated 5.1.1998 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Jabalpur in Special Case No. 171/1997 whereby, the appellant has been convicted of offences under Section 456 of I.P.C and Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act (hereinafter it would be referred as the "Special Act") and sentenced to one years rigorous imprisonment with fine of Rs.500/- and one years rigorous imprisonment with fine of Rs.500/-.

The facts of the case in short are that on 14.7.97 at about 8.30 p.m the prosecutrix (PW5) was present in her house, situated at Village Pipariya (Police Station Panagar, District Jabalpur). At about 8.30 p.m the appellant went to the house of the prosecutrix and asked for a glass. When she gave a glass to the appellant he held her hand and snatched her towards him and also pressed her breasts. On shouting of the prosecutrix, her uncle Lallu @ Kailash (PW4) came to the spot and the appellant scuffled with Lallu and bitten him on his cheek. Amin (PW3) had also reached to the spot. The prosecutrix had lodged an FIR Ex.P/2 at Police Station, Panagar on the same day at about 10.15 p.m. The victim Lallu @ Kailash was sent for his medico legal examination. Dr. G.K. Upadhyay (PW1) examined him and gave a report Ex.P/1. A single injury was found on his cheek. After due investigation charge sheet was filed before the Special Court.

The appellant abjured his guilt. He took a plea that father of the prosecutrix and Lallu @ Kailash (PW4) were taking liquor and the appellant was standing there. When he was directed to bring a glass, he refused to do so and thereafter, they managed to lodge a false FIR through the prosecutrix. However, no defence evidence was adduced.

The Special Judge after considering the prosecution''s evidence convicted and sentenced the appellant as mentioned above.

Since the appeal was an old appeal of the year 1998 and no one was appearing for the appellant, Shri Madan Singh, Advocate, from the Panel of High Court Legal Services Committee who, has a vast experience in dealing with the criminal cases was appointed to argue on behalf of the appellant and thereafter, I have heard the learned counsel for the parties.

The appellant has been convicted of offence under section 456 of I.P.C but, neither a charge under Section 324 of I.P.C was appended upon him with respect to victim Lallu @ Kailash (PW4) nor he was convicted for such offence. The prosecutrix (PW5) has stated that the appellant went to her house and asked for a glass, she gave a glass then the appellant held her hand and snatched her. On her shouting Lallu @ Kailash (PW4) came to the spot and thereafter, the appellant quarreled with Lallu and bitten on his cheek. After considering the evidence of the prosecutrix and her uncle Lallu @ Kailash, it is not alleged by them that the appellant entered in the house of the prosecutrix or he had caused any house breaking. It appears that the appellant demanded for a glass from outside of the house of the prosecutrix. In para 4 of her cross examination, the prosecutrix has admitted that when the appellant asked for a glass, his one leg was inside the house and one leg was outside of the house and therefore, the appellant did not enter in the house. Hence, he cannot be convicted of offence under Section 456 of I.P.C or any other offence of similar nature like Sections 451 or 448 of the I.P.C.

The prosecutrix in her FIR has stated that the appellant pressed her breast and on her shouting Lallu @ Kailash has come to the spot. She did not mention the fact that the appellant held her hand with bad intention and snatched her towards him. There is a material contradiction between the oral evidence of the prosecutrix (PW5) before the trial Court and her FIR Ex.P/2. FIR is not a substantial piece of evidence. The prosecutrix has stated that the appellant held her hands and snatched her towards him but, such fact has not been mentioned in the FIR Ex.P/2 and therefore, such allegation is nothing but, an after thought which cannot be accepted as such because no such allegation was made in the FIR. And if these two facts are not proved beyond doubt that either the appellant pressed the breast of the prosecutrix or held her hand and snatched her towards him then there is nothing to say that he used any criminal force to outrage the modesty of the prosecutrix. Suggestions were given to the prosecutrix and Lallu @ Kailash and Ramesh, father of the prosecutrix, that they were consuming liquor and the appellant was sent to bring a glass. If the FIR Ex.P/2 is perused, then it is not mentioned that the appellant demanded a glass. Such fact was suppressed by the prosecutrix while lodging FIR whereas, in her statement she could not suppress that fact. If the appellant was an unknown person and he demanded a glass from the prosecutrix then as to why prosecutrix had supplied a glass to him? The overt act of the prosecutrix indicates that she saw her father and uncle consuming liquor out of the house and therefore, on demand of the appellant, she gave a glass otherwise on demand of the appellant there was no need for the prosecutrix to supply a glass. Hence, the story of defence appears to be probable and it appears that some quarrel took place between Ramesh, father of the prosecutrix, and the appellant and therefore, he was falsely implicated in the matter. Ramesh, father of the prosecutrix, was not examined before the trial Court. He was given up whereas, the prosecutrix informs that she was taken to the Police Station by her uncle Lallu @ Kailash. However, in the FIR Ex.P/2, it was mentioned that the prosecutrix went to the Police Station alongwith her father Ramesh and uncle Lallu @ Kailash. If Ramesh was present at the spot then why his statements were hidden from the trial Court. Such conduct of the prosecutrix and her uncle Lallu @ Kailash creates a doubt that a quarrel took place with Ramesh and thereafter, a case was cooked against the appellant.

If the appellant would have outraged the modesty of the prosecutrix, then version of that overt act would have been same as mentioned in the FIR and as informed by the prosecutrix before the trial Court. The entire story appears to be doubtful and when any grave doubt is created then benefit of doubt is to be given to the accused. The Special Judge has convicted the appellant for offence under Section 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act appears to be incorrect.

On the basis of the aforesaid discussion the appeal filed by the appellant appears to be acceptable. Consequently, it is hereby accepted. The conviction as well as the sentence imposed by the trial Court of offence under Section 456 I.P.C and 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act are hereby set aside. The appellant is acquitted from all the charges appended against him. He would be entitled to get the fine amount back if he has deposited the same before the trial Court.

At present the appellant is on bail. His presence is no more required before this Court and therefore, it is directed that his bail bonds shall stand discharged.

Copy of the judgment be sent to the Courts below along with its record for information and compliance.