NIGRODH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 03.08.1999, passed by 2nd Additional Sessions Judge, Haridwar, in Sessions Trial No. 303 of 1996, whereby said court has convicted the accused/appellant Nigrodh under Section 354 of I.P.C., and sentenced him to rigorous imprisonment for a period of one year. The trial court has further convicted accused/appellant Nigrodh under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to rigorous imprisonment for a period of six months and directed to pay fine of Rs. 1000/-.

(2.) Heard learned counsel for the parties, and perused the lower court record.

(3.) Prosecution story, in brief, is that on 11.12.1995, at about 5.00 p.m. PW1 Nirmala Devi had gone to ease herself out in the open field of Vishambhar Gujjar.