BASAVARAJ SHEDAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The present appeal has been preferred by the appellant-accused assailing the judgment of conviction and order of sentence passed by the Additional District and Sessions Judge, Bellary in SC No.53/2008 dated 15.11.2010 where under appellant-accused was convicted for the offence punishable under Sec. 354 of Penal Code and Sec. 3(1)(XI) of Prevention of Atrocities Act, 1989 and also under Sec. 506 of IPC.

(2.) I have heard the learned counsel for the appellant-accused and learned HCGP for respondent- State.

(3.) The gist of the case of the prosecution is that the complainant victim was working as a Conductor in KSRTC at Huvinahadagali. It is alleged that the appellant-accused who is working as Supervisor in the said depot used to give sexual torture by saying he will come to her house and he is having interest in her. Orally she refused many a times and warned him. In that light on 20.03.2008, after depositing the amount received from route No.11, when she is ready to go to her house at that time the accused who is near the Administrative office told her that she has to collect the fine amount order and asked her to come. By giving respect to the words of superior officer, she went to the branch and at that time the accused caught hold of her hand and touched her body and asked her that he will come to her house for sexual favour and she told that in his house, he is having his wife and children and she will send her brother to his house. It is further alleged that as she belongs to SC/ST caste, accused abused her by taking her caste and accused told that if she is not going to hear his words, she is going to be troubled and thereafter, he abused her with filthy language and he also told her that he is going to save her from problems and he will also send her to better route if she obey his words otherwise he will send the ticket checker to her route and he will see that she will be troubled in her service, if she is not going to heed to his requests. Further, he threatened her that he will also recommend her name and she will not get the charge sheet every day and if, any such cases are there he will request to put little fine and also he has given life threat to her. On the basis of the complaint, case has been registered.