RAMPRASAD Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment of conviction and order of sentence dated 12/11/2009 passed by the Special Sessions Judge, Janjgir Champa (CG) in Special Case No. 112/2009 whereby and whereunder, he has convicted and sentenced the appellant as under :-

(2.) In brief, the prosecution story is that at the time of alleged incident prosecutrix was 32 years old. She was the resident of BALCO. She was a Teacher in Government Primary School, Bansula. On 17.03.2009 she was returning back from the school to her house on bicycle, at about 4:30 pm she reached near the small dam (Chhote Bandha) at village Semriya, from the backside the appellant came on bicycle and touched her back by hand twice. She narrated the incident to Kalesh Ram Kashyap. Thereafter, she went to police station Bamhnidih and lodged an FIR against him at about 17:30 hrs. After completion of the investigation, a charge sheet was filed against him. The trial Court framed the charges against him under Sections 354, 294, 506-II of IPC and Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for brevity 'SCST Act'). He abjured the charges and faced the trial. To bring home the charges against him, the prosecution examined as many as 6 witnesses. He examined one witness on his defence. After conclusion of trial, the trial Court convicted and sentenced him as mentioned above. However, the trial Court acquitted him for the offences punishable under Sections 294, 506-II IPC and Section 3(1)(xi) of SC, ST Act.

(3.) Being aggrieved by the aforesaid judgment of conviction and order of sentence, the appellant has preferred this criminal appeal.