SHESHMAN YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Mr. Suresh Tandan, Advocate has been engaged for arguing the case on behalf of the appellant. Despite repeated calls, he has not appeared when the case is called for hearing, therefore, Ms. Preeti Jha, Advocate, who is present in the Court has been appointed as Amicus Curiae to argue the case on behalf of the appellant.

(2.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 06.07.2001 passed by Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989] (for short "the Act, 1989"), Surguja (Ambikapur) in Special Criminal Case No. 63/2000, wherein the said court convicted the appellant for commission of offence under Section 3(1)(xi) of the Act, 1989 and sentenced to undergo R.I. for 1 year and fine of Rs. 3000/- with further default stipulations.

(3.) In the present case, prosecutrix is PW-1. As per version of the prosecution, on 20.02.1999 at about 2:00 p.m. when the prosecutrix was at her home, the appellant came there and asked about some books and when she went inside, the appellant caught hold her and tried to outrage her modesty. The matter was reported, the appellant was charge-sheeted for commission of offence under Section 354 of IPC, 1860 and in alternate Section 3(1)(xi) of the Act, 1989 and after completion of trial, the trial court convicted as mentioned above.