SURESH, Vs. STATE

JUDGEMENT

(1.) THE appellants have challenged their conviction and sentence for the offence punishable under Sections 323 r/w. 34 and 506 Part I IPC and under Sections 3(1)(x) and (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "the Act" for short] on a trial held by the learned Sessions Judge, Ramanagara.

(2.) THE facts reveal that P.W.1 -Sarojamma is the resident of Chikkalahalli village and belong to scheduled tribe community. On 25.02.1998, she went to Shivaladappa's Hill to participate in a religious festival and was accompanied by P.W.12 - Savitha and others. There was a drama arranged in the night. In the mid -night, 4th accused [deceased] pretending that she was suffering from abdominal pain asked P.W.1 -Sarojamma to accompany her to a nearby place, wherein accused 1 to 3 [appellants 1 to 3 herein] were present and they tried to outrage the modesty of P.W.1 -Sarojamma. Through the intervention of other persons at the place, P.W.1 was rescued and the accused left the place. But, P.W.1 did not reveal this incident to any one as it would affect her reputation and dignity of her family in the village.

(3.) I have heard learned counsel for the appellants and also learned High Court Government Pleader.