SOMAR SAY Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The present appeal arises out of the impugned judgment of conviction and order of sentence dtd. 27/11/2001 passed by the learned Special Judge (SC and ST Prevention of Atrocities Act), Ambikapur, District " Surguja (C.G.), in Special Criminal Case No. 36/2000 whereby, the learned Special Judge has convicted and sentenced the appellant as under :- <FRM>JUDGEMENT_57_LAWS(CHH)8_2022_1.html</FRM>

(2.) Brief facts of the case are that on the date of the incident i.e. 17/9/1999 prosecutrix was sleeping after having a meal and her husband was sleeping on the floor, then at about 11-12 hours at night accused/appellant entered her house, removed the bulb of the room and sat on the cot, touched her and tried to outrage her modesty then she shouted to wake up her husband, he got up and saw the appellant. When the husband of the prosecutrix got up the appellant ran away from the spot. Thereafter, the said incident was told to Sitaram, Kuwar and Rambharosh in the morning. On the next date of the incident, there was voting in the village due to this, transportation was affected, therefore they could not go to lodge a complaint. On 20/9/1999 the prosecutrix along with her husband went police station to lodge a report. On being made report police lodged an offence punishable under Ss. 451, 354 of the IPC and under Sec. 3 (1)(xi) of the SC and ST Prevention of Atrocities Act. During the course of the investigation, statements of the witnesses were recorded, a spot map was prepared and on proving guilt the accused/appellant was arrested.

(3.) So as to hold the accused/appellant guilty, the prosecution has examined as many as 6 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of the Cr.P.C. in which he denied the circumstances appearing against him and pleaded innocence and false implication in the case.