KARAM SINGH Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The appellant Karam Singh is before this Court challenging the judgment and order of conviction and sentence passed against him on 2.1.2003 by the Sessions Judge, Nainital while adjudicating the Sessions Trial No. 143/2001. Learned Trial Court has found him guilty for the offences under Section 354, 506 IPC as well as for the offence under Section 3(1)(X) of the SC & ST Act (for short, the Act). The accused appellant has been appropriately sentenced for the said offences.

(2.) In the present case, the FIR was lodged by Pyare Lal, husband of the victim Smt. Anita Devi. The chick report thereof is Ex. Ka-1. Incident allegedly occurred on 3.8.2000 at 6 PM when Smt. Anita Devi was busy in cutting the fodder in the jungles behind her house. At that time, the accused Karam Singh was coming from the jungle along with his cow. When the accused Karam Singh saw the victim alone, he molested her by holding her hand, but somehow she could get jettisoned herself from the clutches of the accused and came to her house shouting. Hearing her voice, the informant and his parents came out from the house. The accused assaulted the informant and his parents and thereafter took to his heels by further abusing them using the caste indicative words. He also threatened to do away with them in future. The accused also cursed them for the reason that they had settled in his village.

(3.) The above FIR could be lodged after six days of the alleged incident i.e. on 9.8.2000 at 3.30 PM. Patwari concerned culminated the investigation into submission of the chargesheet for the offences punishable under Section 354, 504, 506 IPC read with Section 4 of the Act. Learned Sessions Judge levelled the charges for the offence of Section 354, 506 IPC and Section 3(1)(X) of the SC & ST Act against the accused appellant.