NANDLAL YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 17.03.2010 passed by Special Sessions Judge (Atrocities) under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Korba (C.G.) in Special Session Trial No. 11/2007, wherein the said court convicted the appellant for commission of offence under Section 354 of IPC and sentenced to R.I. for 6 months and under Section 3(1)(xi) of Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (for short "the Act, 1989") and sentenced to R.I. for 6 months and fine of Rs. 500/- with further default stipulations.

(2.) In the present case, prosecutrix - Sukhmaniya Bai is resident of village- Ghumani Dand and on the date of incident i.e. on 08.12006 at about 1.00 p.m., she was flying paddy and her son was sleeping at house. At this juncture, the appellant came there and caught hold hand of prosecutrix and also caught her breast. The prosecutrix raised alarm, thereafter her son Mukesh reached there and appellant ran away. It is further case of the proscutrix that she is Gond by caste which comes within Scheduled Tribe. The matter was reported and investigated and after completion of trial, the trial court convicted and sentenced the appellant as mentioned above.

(3.) Learned counsel for the appellant submits that the offence is not committed on the basis of caste and therefore, offence under Section 3(1)(xi) is not made out. Statement of Sukhmaniya Bai - prosecutrix (PW-5) are also not reliable in light of evidence of Rohit Kumar (PW-3), other witnesses are also not reliable witnesses, therefore, finding of the trial court is not sustainable.