B H ISMAIL Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) THE appellant has challenged his conviction and sentence for the offence punishable under Sections 341 and 323 IPC and Section 3 (1) (xi) of the S. C. and S. T. , (Prevention of Atrocities) Act, 1989 (hereinafter called as 'the Act') on a trial held by the Special Judge, d. K. , Mangalore.

(2.) THE facts relevant for the purpose of this appeal are as under: pw. 1 - Kum. Pasu D. , resident of Indabettu village in Belthangadi taluk was a student of B. A. second year. On 2. 2. 1998 while she was returning from the college at about 12. 00 noon, she travelled in the bus and after alighting at the bus stop, proceeded to her house by walk. At about 2. 15 p. m. while she was near Mundrabettu she found the accused who stopped her, asking her as to whether the classes were over and when she gave the answer, immediately the accused said to have held her neck and dragged her near the tree and thereafter dragging her to the ground sat on her back and pressed the neck. She cried for help and the accused held her hands and in the meanwhile, as he heard the sound of a vehicle coming on the road, the accused immediately ran away from the stop. Meanwhile, PW. 2 while proceeding in the jeep saw the complainant and she informed about this incident to him and thereafter she went to her house and then to Dalitha Sangha and on the next day after going to the college, she informed about the incident and then went to the hospital for treatment accompanied by her brother - PW. 5 - Babu. PW. 9 - the Head Constable of Belthangady Police Station, came to the hospital and after enquiry with the complainant recorded the complaint- Ex. P. l and returned to the police station. PW. 10 - the PSI, registered the said complaint in Crime No. 14/98 for the offence punishable under sections 323, 341 and 354 IPC Read with Section 3 (1) (xi) of the Act and sent the complaint - Ex. P. 1, and the FIR to the Magistrate. He arrested the accused and entrusted the investigation to PW. 11 - the Dy. SP on 4. 2. 1998. PW. ll went to the spot and held the spot mahazar - Ex. P. 3 and seized the broken pieces of bangles - M. O. I and recorded the statement of the witnesses. He arrested the accused and drawn the sketch of the spot -Ex. P. 7. He secured the caste certificate of the complainant and the accused- Ex. P. 8 and also the injury certificate. After completion of the investigation he filed the charge-sheet against the accused. During the trial, the prosection examined PWs. 1 to 11 and in their evidence got marked the documents Exs. P. 1 to P. 8 and M. O. I - broken bangle pieces. The statement of the accused was recorded under Section 313 Cr. P. C. He has taken the defence of total denial and has not lead any defence evidence but got marked the document Ex. D. 1 - the remand report. The trial Court on appreciation of the material on record convicted the accused - appellant for the offence punishable under Sections 323 and 341 of IPC and also under Section 3 (l) (xi) of the Act and sentenced him to undergo imprisonment for 7 days for the offence punishable under section 341 IPC and 6 months simple imprisonment for the offence punishable under Section 3 (l) (xi) of the Act and to pay the fine. Aggrieved by the conviction and sentence this appeal has been filed.

(3.) I have heard the learned Counsel for the appellant and also the state Public Prosecutor The points that arise for my consideration is: 1. Whether the judgment and order of conviction of the appellant for the offence punishable under Sections 341 and 323 of IPC and Section 3 (1) (xi) of the Act 1989 is illegal and perverse?