BISHAMBHAR LODHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentence dated 2.8.2002 passed by the Special Judge and Additional Sessions Judge, Durg in Special Case No.26/2002,convicting the appellant under Sections 456 and 354 of IPC and sentencing him to undergo RI for one year, pay a fine of Rs.1000/- and RI for six months and to pay a fine of Rs.1000/- with default stipulations respective.

(2.) As per prosecution case, on 16.10.2001 FIR (Ex.P/2) was lodged by the prosecutrix (PW-2) alleging in it that on 15.10.2001 at about 9 pm when she was sleeping along with her child in her house, the appellant gained entry in her house, caught hold of her hands with an intent to outrage her modesty. Upon hearing her cries, PW-3 Ramprasad and one Kirit came there and after seeing them, the accused/appellant fled from the spot. Based on this FIR, offence under Sections 456, 354 of IPC and Section 3(1)(xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, was registered against the appellant and after filing of the charge sheet, the trial court framed charges accordingly against him.

(3.) So as to hold the accused/appellant guilty, the prosecution examined 7 witnesses in all. Statement of the accused was also recorded under Section 313 of Cr.P.C. in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. In defence, he examined three witnesses.