RAJESH KUMAR NAGE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 28.11.2002 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act , 1989 (henceforth 'the Act of 1989'), Bastar at Jagdalpur in Sessions Trial No. 359 of 2002 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that on 30.4.2002 at about 00:30 a.m., First Information Report (Ex.P1) was lodged by Complainant Lakhmanibai (PW1), a member of the Scheduled Tribe alleging that on 29.4.2002 at about 11:30 p.m., she was sleeping in the house. Her sister Shambai (PW2) and jija (brother-in-law) Pratap (PW3) were also present in the house. No door was fixed on the entry point of the house and only a curtain was hanged on the entry point of the house. At that time, somebody caught her hand. When she woke up, she saw that the Appellant had caught her hand. She shouted. On this, her sister Shambai woke up. Then the Appellant ran away from there and hid near a shop situated in front of the house. Her jija and sister went and caught the Appellant. The Appellant said that he was not hiding. He assaulted the Complainant and her sister Shambai. The Appellant also abused the Complainant using filthy words. The FIR (Ex.P1) was registered against the Appellant for offences punishable under Sections 456 , 354 , 294 , 323 of the Indian Penal Code and Section

(3.) (1)(xi) of the Act of 1989. The Complainant was medically examined by Dr. R.K. Singh (PW4). He gave his report (Ex.P2). As per Ex.P2, the Complainant had sustained simple injuries. On completion of the investigation, a charge-sheet was filed against the Appellant for the offences punishable under Sections 456 , 354 , 294 , 323 of the Indian Penal Code and Section 3(1)(x) of the Act of 1989. Charges were framed against him under Sections 456 , 354 , 323 of the Indian Penal Code and Sections 3(1)(xi) and 3(1)(x) of the Act of 1989. 3. To rope in the Appellant, the prosecution examined as many as 6 witnesses. Statement of the Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him, pleaded innocence and false implication. Two witnesses have been examined in his defence.