PREETAM DAS Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dated 26.3.2002 passed by Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act'), Raipur in Special sessions case No. 125/01 whereby and whereunder the learned Special Judge after holding the accused/appellant guilty for using criminal force with intent to outrage the modesty of complainant (PW-2) (name not mentioned) belonging to Scheduled Tribe community, convicted him under Section 354 of the IPC and under Section 3(1)(11) of the Act and sentenced him in both penal sections jointly to undergo rigorous imprisonment for six months and to pay fine of Rs.500/-, in default of payment of fine, to further undergo RI for 15 days.

(2.) Conviction is impugned on the ground that without there being an iota of evidence, the trial Court has convicted and sentenced the appellant as aforementioned thereby committed illegality.

(3.) As per case of the prosecution, on 27.5.2001 at about 10.30 am complainant (PW-2) reached to Police Station Kasdol and lodged First Information Report (Ex-P/2) against the appellant stating that on the previous night when she along with her husband, father-in-law and mother-in-law were sleeping at their courtyard in separate cots, at about 12.00 night the appellant came and with intent to outraging her modesty, he caught hold her hands and breast. She woke up and the appellant hid below her cot, she informed this to her mother-in-law, who informed her husband and son (husband of the complainant). Thereafter husband of the complainant pulled the appellant from under the cot. The appellant sought apology and thereafter her husband took him to his house. On the next day morning, village Kotwar was informed about this incident and thereafter the complainant lodged the report. The Police registered the Crime as Crime No.97/ 2001 under Section 354 of the IPC and 3(1)(11) of the Act against the appellant and after recording First Information Report, sent the diary to Sujit Kumar (PW-6), Dy. Superintendent of Police, Police Station Baloda Bazar for investigation.