CHAMAN LAL @ SHIV KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been directed against the judgment of conviction and order of sentence dated 28.01.2010 passed by Special Session Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities), Act 1989 in Special Session Case No.29/2009, wherein the said Court convicted appellant Chaman Lal @ Shiv Kumar for commission of offence under Section 354 of the Indian Penal Code and sentenced to undergo Rigorous imprisonment for six months and to pay fine of Rs. 500/- and convicted all the appellants under Section 323 read with Section 34 IPC and sentenced them to undergo RI for three months and to pay fine of Rs. 500/- each with default stipulations.

(2.) As per the prosecution case, on 05.3.2009 at about 7.00 am prosecutrix (PW-1) had gone to river for fetching water. On seeing her alone appellant Chamanlal came there and pulled her sari with intend to outrage her modesty. When the husband of the prosecutrix namely Barjrang Lal intervened into the matter, all the appellants caused simple injury to him. The matter was reported and investigated and after the trial the trial Court convicted and sentenced the appellants as aforementioned.

(3.) Learned counsel for the appellants submits as under: