SITA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 24-2-2010 passed by Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities )Act, 1989 (for short, "the Act, 1989"), Raipur, District Raipur in Special Case No. 72/2008, wherein the said Court convicted the accused/appellant under Sections 341, 354 of the IPC and Section 3 (1)(xi) of the Act, 1989 and sentenced him to undergo SI for one month, RI for six months and RI for six months and fine of Rs. 200/- with default stipulations.

(2.) As per prosecution case, on 30-3-2008 at about 6.00 pm, prosecutrix is a student of Class 10 to whom the accused teased about her caste and when she went to Shiv temple with her friend namely Vishakha for the purpose of worship, the appellant reached near canal and while she was returning from the said temple, appellant caught hold her and dragged her towards canal. Thereafter she shouted and her friend ran away from the place of incident. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced the accused/appellant as mentioned above.

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