SHANKAR KUSHWAHA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 10.10.2002 passed by the Special Judge, Special Court, Ambikapur, Sarguja (C.G.) (Constituted under the Scheduled Castes and the Scheduled Tribes {Prevention of Atrocities) Act, 1989) in Special Sessions Case No. 50 of 2000, whereby appellant- Shankar Kushwaha stands convicted under Section 354 of IPC for using criminal force to the prosecutrix (PW-1) with intent to outrage her modesty and sentenced to fine of Rs.500/-, in default of payment of fine to undergo rigorous imprisonment for 15 days.

(2.) Case of the prosecution in brief is that the prosecutrix (PW-1) is a resident of Village Parri, P.S. Surajpur, District Sarguja and she belongs to scheduled tribe community. On the date of incident i.e. 03.11.1998 at about 18 hours, when the prosecutrix came out from her house for washing utensils in courtyard, the accused/appellant came there calling the name of her husband Uma Shankar, then she told the appellant that her husband was not and he had gone to Bilaspur. Thereafter, the appellant caught hold of her hand, pulled her towards the dark side and tried to outrage her modesty. When the prosecutrix shouted and resisted, her brother-in-law Shiv Shanker (dewar) came there and he gave 2-3 slap to the appellant, then appellant left her hand and fled from there. At that time her another brother-in-law Devdhari Singh reached there. During the course of catching the appellant, she sustained injury on her right wrist because her bangles were broken. The prosecutrix narrated the incident to Chandul Ram (PW-4) and other villagers and thereafter, she went alongwith Shiv Shankar, Devdhari Singh and Chadul Ram to the Police Station and lodged F.I.R. (Ex.-P/1) within two hours of the incident against the accused/appellant on the same day which was registered under Section 354 of IPC and Section 3 (1) (xi) of the Special Act in Police Station Surajpur under Crime No. 166/98.

(3.) The prosecutrix (PW-1) was medically examined by PW-7 Dr. K.N. Sharma 03.11.1998 and he gave his report Ex.P/5. As per MLC report (Ex.-P/5), Doctor found one abrasion in size of 1/2 inch x 1/4 inch over right wrist of the prosecutrix and opined that the injury was simple in nature, caused by hard and blunt object, duration within six hours before the examination and the injury will heal within five days, if no complication arises.