HEM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge levied is to the judgment of conviction and order of sentence dated 4-10-2002 passed by Special Judge constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brevity 'SCST Ac') in Special Case No. 151/2001 whereby and whereunder he convicted and sentenced the appellant as under:-

(2.) In brief the prosecution story is that prosecutrix is a resident of village Dabpali. On 1-7-2001 at about 5.30 am she was returning back to her house after dumping the garbage and cow dung in heap. Near the Holedand the appellant stopped her way, demanded sex from her, caught hold her right hand. Prosecutrix twitched him and came back to her house: She narrated about the incident to her father-in-law and her husband. A meeting was convened in the village where the appellant admitted alleged allegation. On the very day the prosecutrix lodged the report in police station Pithaora. After conclusion of the trial a charge sheet under Section 354 of the IPC and Section 3(1)(xi) of the SCST Act was filed against the appellant. The trial Court framed the charges against the appellant under Sections 341, 354, IPC read with Section 3(1)(xi), SCST Act. The appellant abjured the charges and faced trial. To bring home the charges prosecution examined as many as 7 witnesses. Appellant examined one witness on his defence.

(3.) After conclusion of the trial, Trial Court convicted and sentenced the appellant as aforesaid.