BHASKAR PRASAD Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) This appeal, preferred by the appellant u/s 374 of Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is directed against the judgment and order dated 02.06.2004 passed by learned Special Judge, Uttarkashi in Sessions Trial No.13 of 2003, whereby the Court below has convicted the appellant under Section 452 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.) and sentenced him to undergo one year's R.I. with fine of Rs.1,000/-; u/s 354 IPC to undergo one year's R.I. and u/s 3(xi) of the SC/ST Act, to undergo one year's R.I. with fine of Rs.1,000/-, along with default stipulation. All the sentences were directed to run concurrently.

(2.) Facts, in nutshell, are that PW2 Smt. Chandra Devi submitted an application on 09.08.2002 to the Patwari Halka, Sainj, Tehsil Bhatwari, District Uttarkashi, with the averments that she went to Gangotri Temple along with the people of her village. She left her daughter Smt. Babli at the house. On 7.8.2002 at about 9.30 PM, appellant entered her house with mal-intention where the daughter of informant was alone. Appellant, with the intention to outrage the modesty of daughter of informant, torn her clothes, fell her down on the floor and tried to make her naked. When the victim screamed, the neighbours rushed to the spot and then the accused run away.

(3.) On the basis of above information, Chick FIR (Ex.Ka-5) was lodged on 13.8.2002 at the concerned revenue post. After investigation, the charge-sheet was submitted by the C.O. Uttarkashi against the appellant u/s 354, 452, 504 and 506 IPC r/w Section 3(11) of SC/ST Act.