SANJIT SONI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 27.3.2004 passed by Special Judge, Durg, in Special Case No. 1/2004 convicting the appellant for the offence punishable under Sections 354, 451 and 323 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for six months with fine of Rs.500, rigorous imprisonment for three months with fine of Rs.500 and rigorous imprisonment for three months with fine of Rs.500, on each count respectively, plus default stipulations.

(2.) Facts of the case in brief are that on 26.12.2002 a report was lodged by the complainant namely Roshni Banjare (PW5) in Police Station Supela, District Durg, alleging that on that day when she was all alone in her house, the appellant came there and started talking to her irrelevantly using obscene words. Thereafter, she went to the house of maternal uncle of the accused/appellant and disclosed the matter to him. It is further alleged that while after disclosing the matter to the maternal uncle of the accused/appellant she was coming back to her house, the appellant met her on the way and gave three-four slaps on her cheek and also abused her in the name of her caste. Since no action was taken by the police on her report, a written report (Ex. P3) was made by her alleging that on the date of incident when she was alone in her house after taking bath, accused/appellant entered her house and caught hold of her waist and then she after pushing him aside went to the maternal uncle of the accused/appellant and narrated the entire incident to him. While she was returning from the house of maternal uncle of the accused/appellant, on the way she was stopped by him and abused in the name of her caste and was also slapped by him. On the basis of the said report, FIR (Ex. P4) was registered on 25.7.2003. After completion of the investigation, charge-sheet was filed against the accused/appellant under Sections 354, 451, 323 IPC and Section 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

(3.) So as to hold the accused/appellant guilty, prosecution has examined as many as 9 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he has denied the charges levelled against him and pleaded his innocence and false implication in the case.