VIDYADHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant faced trial for alleged commission of offences punishable under Ss. 354 and 448 of the Indian Penal Code, 1860 (for short the 'IPC') and S. 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the 'Act'). He was convicted and sentenced to undergo three months and six months custodial sentence for offences relatable to S. 448, I.P.C. and S. 3(1)(xi) of the Act respectively. No separate sentence was imposed for the other offence. Aforesaid conviction and sentence was affirmed by the High Court.

(2.) Prosecution case which led to the trial is essentially as follows :

(3.) While the victim (P.W. 1) was alone in her house on 1-10-1992 at about 2 p.m. the accused entered into her house, went to the kitchen where she was cooking and attempted to catch hold of her hand, that when she attempted to escape from him by running to the front room and attempting to close the door, the accused followed her, opened the door forcibly and caught hold of and grasped her, when she made a hue and cry her brother P.W. 3 and other witnesses including P.W. 2 came there, and at that time the accused left P.W. 1 and pushed down P.W. 3 from the verandah and went along with his parents who came there hearing the hue and cry.