KALU RAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment of conviction and order of sentences dated 02.09.2002 passed by the Special Judge, under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Raipur (C.G.) in Special Sessions Trial No. 50/2002, whereby, the appellant stands convicted and sentenced as under:-

(2.) Case of the prosecution, in breif, is that a First Information Report (FIR Ex.-P/1) lodged by the prosecutrix/complainant (PW-1) on 08.01.2002 at 11:55 AM against the accused/appellant- Kalu Ram under Sections 451, 354 of IPC and under Section 3(1) (xi) of the Special Act. In this report, she makes allegations against the accused that on 07.01.2002, at about 8:00 PM, she was in her house and her husband was gone Aarang. When she was alone in her house, the accused entered in her house and he demanded match-stick for smoking bidi, this was refused by the prosecutrix, then he caught hold of her hands and told her to go inside. Thereafter, she crying, then suddenly the accused gaged her mouth and started pulling her saree and blouse. Thereafter, the prosecutrix removed his hand from her mouth and crying for help. Then Sirwa Bai (PW-4), Taasin Bai (PW-3), Sunetin Bai (PW-2) and Dhanuj Yadav came there and seeing accused-Kalu running from there. She stated that the accused had entered her house with an intention to outrage her modesty.

(3.) Spot map was prepared by P.C. Sharma, DSP (PW-5), Caste-certificate for the prosecutrix (PW-1) was seized under Ex.-P/3. During investigation, statements of the witnesses- Sunetin Bai (PW-2) vide Ex.-P/4, Taasin Bai (PW-3) vide Ex.-D-2 and Sirwa Bai (PW-4) vide Ex.-D3 including the prosecutrix (PW-1) vide Ex.-D-1 were recorded under Section 161 of Cr.P.C.