ATUL B. MISTRI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 17-2-2004 passed by Special Judge constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities, Act 1989 (hereinafter called as 'SCST Act), Bastar at Jagdalpur in ST No. 110/2003 whereby and whereunder he convicted and sentenced the appellant as under :-

(2.) In brief the prosecution story is that at the time of alleged incident prosecutrix who was 18 years old resident of village Budeli. She is a member of scheduled tribe. On 5-7-2002 she, her girlfriends Ku. Dashmat, Ku. Dayaro Bai and other labours had gone to do the work at the construction site of new culvert. At about 1.30 am mansion Lalsu and Balram told her that she prepare tea for appellant who was the contractor. She went in camp quarter along with Ku. Dashmat. When she served tea to the appellant, he caught hold her hand and pressed her breast. He also threatened her to kill. Her girlfriends Ku. Dashmat had intervened and separated her from him. Due to shame she narrated the incident to her father, mother and uncle on 6-7-2002. On 7- 7-2002, about 19.30 hour she lodged an FIR against him in police station Korar. After completion of the investigation, a charge sheet was filed against him for the offences punishable under Sections 354, 506- B, IPC and Section 3(1)(x), (xi) of the SCST Act. Trial Court framed charges against him for the offences publishable under Sections 354, 506-II, IPC and Section 3(1)(xi) of the SCST Act. To bring home the charges the prosecution examined 5 witnesses in all. He examined 2 witnesses on his defence. After completion of trial, trial Court convicted and sentenced him as aforesaid. However, trial Court acquitted him of the offence punishable under Section 506-II of the IPC.

(3.) Being aggrieved, appellant preferred this Criminal Appeal.