ASHOK KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The matter is heard through Video Conferencing.

(2.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 06.12.2003 passed by the Special Judge / Additional Sessions Judge, Durg, C.G. in Special Case No.80/2003, whereby the appellant stands convicted for the offence under Section 354 of Indian Penal Code and sentenced to undergo rigorous imprisonment for six months and fine of Rs.1,000/-, in default of payment of fine amount to undergo additional rigorous imprisonment for three months.

(3.) Case of the prosecution in brief is that on the date of incident i.e. 02.04.2001 at about 6:45 pm, prosecutrix aged about 32 years, went to attend the nature's call along with her daughter. After attending the call of nature, she was waiting for her daughter at that time accused/appellant came there with an intent to outrage her modesty and to humiliate her, caught hold of her breasts and pushed her hands due to which her bangles were broken. On this, she raised hue and cry and somehow, she came out of his clutches, ran away from there. Hearing her voice, her daughter and elder brother-in-law (Jeth) came there to save her and at that time accused/appellant ran away from the spot. On the next day, she went to the police station, Berla, District Durg and lodged FIR Ex.P-2 against the accused/appellant which was registered on zero number and transferred to the concerned police station where it was registered under Crime No.33/2001. Prosecutrix was medically examined by PW-9 Dr. Chatursingh vide Ex.P-8 wherein he noticed scratch marks on the hands of the prosecutrix which were caused by hard and rough object and were simple in nature. During investigation, Caste Certificate Exs.P-3 and P-4 were seized. Broken Bangles of prosecutrix were seized vide Ex.P-5. Spot Map Ex.P-6 was prepared. Statements of witnesses were recorded. After completion of investigation, charge sheet was filed against the appellant under Section 354 of Indian Penal Code and under Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'). The trial Court framed the charges under Section 354 of Indian Penal Code and under Section 3 (1) (xi) of the Act against the appellant which were denied by him and he prayed for trial.