ABRAHAM @ AVARACHAN Vs. DY. SUPDT. OF POLICE

JUDGEMENT

(1.) THE above appeal is directed against the judgment dated 6/8/2003 in S.C.No.98 of 2003 of the court of Sessions, Ernakulam, as the appellant who is the sole accused therein is aggrieved by the conviction and sentence imposed on him for the offence under Sections 451 and 323 of IPC.

(2.) THE prosecution case is that, on 28/4/1997 at about 8.30 p.m., when the mother of PW.1 -victim had gone to the nearby Tharavadu house for grinding and PW.1 alone was present in the house and studying in the house, the accused in order to commit certain offences trespassed into the house of PW.1 and caught hold of her hand and pulled her down to the courtyard. He used criminal force on PW.1 with the alleged intention to outrage her modesty by such assault. The accused not being a member of Scheduled Caste or Scheduled Tribe, he being a Christian committed the offence against PW.1, who is a member of the Scheduled Caste (Pulaya) and thereby the accused committed the offences punishable under Sections 451, 323 and 354 of IPC and Section 3(1)(xi) of SC/ST (Prevention of Atrocities Act).

(3.) HEARD Sri.C.A.Chacko, the learned counsel for the appellant and Sri.N.Suresh, the learned Public Prosecutor for the State.