AMAR KUMAR PAIKRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 02/05/2002 passed in Special S.T. No. 159/2000 by the Special Judge (SC/ST) Prevention of Atrocities, Distt. Raipur (C.G.), whereby the Appellant has been convicted under Section 354 of the Indian Penal Code R/w Section 3(i) (xi) of the SC/ST Prevention of Atrocities Act and sentenced to undergo RI for 6 months with fine of Rs. 1000/-, with default stipulation.

(2.) Facts of the case are that on 05.07.1999 at about 6 PM, complainant Kamleshwari Lehre (PW-1) lodged a report in concerned Police Station to the effect that on 05.07.1999 itself at about 11 AM when she was in her house as her husband had gone to Raipur (C.G.) and her father-in-law had gone to attend work in a factory. Her children aged about 3 years and 7 years were in the house, at that time the Appellant came to the house of complainant Kamleshwari for performing mason work in the kitchen. It is alleged that at that time he removed his sleepers and shirt by saying that the climate is too hot. The Appellant asked with the complainant as to what the work to be performed and upon that she went the kitchen to apprise him about the nature of work to be done, however, at this juncture the Appellant caught hold her hand with intent to outrage her modesty, he kissed her on her cheeks. She any how separated herself and narrated the incident to her neighbors Shivdayal Lahre (PW2) and Shiv Ratri Lahre (PW3) respectively. When her father-in-law came back from the factory at 12 AM, the incident was also narrated to him. It is further the case of prosecution that Appellant admitted his guilt before Shiv Prasad Lahre (Father-in-law), Shiv Dayal Lahre (Neighbor), Pairru and Budhu (labourer). On the basis of said background, offence has been registered. It has been further alleged that on 02.07.1999 also, the Appellant has misbehaved with the complainant but report was not lodged by her as she thought that her prestige may be eroded however on 05.07.1999, when the act has been repeated, the report has been lodged. After completion of investigation, a charge-sheet has been filed. Trial Court framed the charges. To prove the guilt of the Appellant, the prosecution has examined as many as 5 witnesses. Statement of the Appellant under Section 313 of the Cr.P.C has been recorded wherein he has pleaded his innocence and false implication in the matter. However, four defence witnesses namely Ramadhar (DW1) Pairruram (DW2) Baliram (DW3) Trilok (DW4) have been examined by the Appellant/accused.

(3.) After trial, the trial Court has convicted and sentenced the Appellant as mentioned in the first paragraph of this judgment. Hence, this appeal.