UDAI SINGH Vs. STATE

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 29.3.2001 passed by Special Judge, Jagdalpur (Bastar) in Special Case No. 229/2000 convicting the accused/Appellant under Section 354 IPC and 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for one year with Fine of Rs. 500 under Section 354 IPC and rigorous imprisonment for one year with fine of Rs. 1000 under Section 3(1)(xi) of the Act, plus default stipulations.

(2.) Case of the prosecution in brief is that on 11.7.1999 FIR Ex. P-1 was lodged by prosecutrix (PW-1) - a married lady aged about 22 years at the relevant time alleging that on that day at about 7 p.m. when she had gone to see the snake crept in the house of her uncle-in-law and while returning therefrom accused/Appellant who was coming from the opposite direction met her on the way, pressed her breast and pulled her by hand with an intention to outrage her modesty as a result of which she fell down and on hearing her cries for help number of persons reached there and intervened in the matter. Based on this FIR, offence was registered against the accused/Appellant under Sections 354 IPC and 3(1)(xi) of the Act. After investigation, challan was filed by the police on 26.7.1999.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined 06 witnesses in support of its case. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart one Munna alias Jodhan (DW-1) has also been examined by the defence in support of its case.