DINESH KUMAR BHATT Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Appellant Dinesh Kumar Bhatt has been convicted for the offences of section 457, 354 and 504 IPC and one u/s 3(1)(x) of the Scheduled Castes & Schedules Tribes (Prevention of Atrocities) Act, 1989 [hereinafter will be referred to as the Act]. He has appropriately been sentenced for all the offences.

(2.) Having heard the learned counsel for the parties, it transpires that the informant Ghampu @ Chandra Prakash (PW1) is a scheduled caste man while the appellant belongs to upper caste. They both resided in close vicinity. PW1 was the tenant of the house which was in the joint ownership of appellant and his uncle. PW1 was the tenant for last nine years, paying the rent @Rs.250/- per mensem, as deposed by PW1 and other witnesses.

(3.) It has been alleged that in the intervening night of 15/16-1-2004 at about 11 PM, appellant entered in the house of PW1 and hurled abuses using caste indicative words. Accused also molested PW2 Km. Parmeshwari, aged about 17 years, in presence of her two brothers, mother and father as well as before Ms. Shakumbhari Devi, sister of her mother (MAUSI), residing a few paces away from the place of incident. Ms. Shakumbhari Devi has not been examined by the prosecution in support of allegations. Prosecution version has been supported by PW1 Ghampu, PW2 Km. Parmeshwari and PW3 Mohan Singh (father of PW1).