CHANDAR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal, challenge is levied to the judgment of conviction and order of sentence dated 21.02.2003 passed by the Special Judge Established under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989, Rajnandgaon, CG in Special Case No.49/2002 whereby and whereunder he convicted the appellant as under :- Conviction Sentence Fine sentence under Section 354 IPC RI for 2 years ---

(2.) In brief, prosecution case is that prosecutrix was 26 years old at the time of alleged incident. She was resident of village Kahgaon. She was worker of Anganbadi at village Gudatola. On 11/05/2002 at about 12.00 p.m., she was returning back to her house from village Godatola by footpath. On the way appellant met her, to outrage her modesty he caught hold her both hands and pulled her. When she shouted he fled away from the spot. Her bangles were broken. After reaching her house she informed the incident to her sister-in-law Rajni Amde, wife of appellant Bhuneshwari Bai. Her husband, her father-in-law and her mother-in-law had gone for plucking Tendu leaves to village Kohka, thus she went to village Kohka and informed them about the incident. On 13/05/2002 she lodged an FIR in Police Station Manpur against him. After completion of investigation a charge sheet was filed against him under Section 354 of the Indian Penal Code (hereinafter referred to, ' IPC '), 3 (i)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act , 1989 (hereinafter called as 'SCST Act'). The trial Court framed charges against him under Section 354 of the IPC, 3 (i)(xi) of SCST Act. He abjured the charges levelled against him and faced trial. To bring home the charges against him, prosecution examined as many as 8 witnesses. The appellant did not examine any witness on his defence. After conclusion of the trial, the trial Court acquitted him from the charge punishable under Section 3 (i)(xi) of SC/ ST Act , however, convicted and sentenced him as aforesaid.

(3.) Being aggrieved, the appellant has preferred this criminal appeal.