KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) This appeal is directed against the judgment and order of conviction passed by the learned Sessions Judge, Ernakulam in C.C.No. 39/94 whereby he found the appellant guilty of the offences punishable under Section 354, IPC and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Consequent on conviction the appellant was ordered to undergo simple imprisonment for six months and to pay a fine of Rs. 5,000/-, in default to undergo simple imprisonment for 15 days for the offence punishable under Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the 'Act', and no separate sentence was awarded by the trail Court for the commission of the offence under Section 354, IPC.

(2.) The prosecution case stated in the judgment under appeal is that on 3-4-1993 at about 11 a.m. at the Keezhillam Parambi Peedika road leading towards east from Perumbavoor-Moovattupuzha M.C. road at Keezhillam Kara in Rayamangalam Village appellant "caught hold of both breast" of Karthika (P.W.1), who is a member of the Scheduled Caste, from behind and when she resisted the appellant hit on her back with a stone, which was picked up from the road by the appellant. Thus it is alleged by the prosecution, the appellant committed the offences punishable under Sections 324 and 354, IPC and also under Section 3(1) (xi) of the Act.

(3.) The case was registered on the basis of Ext.P-1 statement of P.W.1 recorded by P.W.9, who was the Head Constable attached to Kuruppampady Police Station on the next day of the alleged incident, and the then Sub-Inspector of Police, Kuruppampady Police Station, registered a case in Crime No. 66/93. FIR lodged is Ext.P- 11. The investigation was taken up by P.W.10, who was the then Circle Inspector of Police, and after completing the investigaton, he laid the challan against the appellant before the Sessions Court, Ernakulam alleging the commission of the aforesaid offences.