DALBIR SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is filed by accused/appellant- Dalbir Singh challenging the legality & validity of the order dtd. 26/9/2001 passed by Special Judge (Prevention of Atrocities), Ambikapur, Chhattisgarh in Special Criminal Case No. 180/2000, convicting the accused/appellant under Sec. 323 of the Indian Penal Code (henceforth "IPC") and Sec. 3(1)(xiv) of the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, 1989 (henceforth "Act, 1989") and sentencing him to pay fine of Rs.500.00 u/S 323 IPC, in default of payment of fine, to further undergo rigorous imprisonment of three months. To undergo rigorous imprisonment for six months u/S 3(1)(xiv) of Act, 1989.

(2.) Case of the prosecution, in brief, is that when on 23/11/1999 complainant Ku. Tara Bai, aged about 20 years went to government Hand Pump for fetching water, at that point of time, the appellant/accused, who was sitting near Panchayat Bhawan, stopped her, caught hold of her Juda (bunch of hairs) and committed marpeet with her by hand and fist and saying that "chamarin tum achhut yaha par pani lene kyo aai ho, tumko mai pahele mana kiya tha, tumne nal ko kyo chhu diya etc", and stopped her from using the government property and defamed her. Thereafter, after three days of incident i.e. on 26/11/1999, FIR was lodged by the complainant vide Ex. P/1 stating that she was suffering from pain due to injuries caused by the accused/appellant on the date of incident, she could not lodge FIR promptly. Spot Map (Ex.-P/2) was prepared by Sub Divisional Officer (Police). Accused/appellant was arrested on 31/5/2000 vide Ex. P/2 and he was medically examined by Dr. A. K. Jain (PW-5) and matter was investigated by B. K. Singh, SDOP (PW4).

(3.) After investigation charge-sheet was filed against the appellant under Sec. 294, 323 of IPC and Sec. 3(1) (v) of the Act, 1981. Learned Special Judge framed charges against the accused/appellant under Sec. 323 of IPC and under Sec. 3(1) (xiv) of the Act, 1989.