SHABBIRBHAI IQBALBHAI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Appeal arises out of judgment and order dated 11-7-1997 passed by learned Additional Sessions Judge, Valsad in Special Case No.2 of 1993. The appellant was the original accused. He was charged with offence punishable under Section 354 of the Indian Penal Code as well as under Section 3 (1) (11) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act.

(2.) In the nutshell, prosecution case was that on 26-12-1990, when young girl, Kailashben, daughter of the complainant aged about 8 years came to the accused for collecting washed clothes, he called her inside the room, locked the door and put his hand inside the panty of the girl, at which point, the girl started crying and the accused let her go. He had thereby outraged the modesty of a woman and committed offence punishable under Section 354 of the Indian Penal Code. Since the girl belonged to Scheduled Tribe, Section 3 (1) (11) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was also added.

(3.) To prove the charge, prosecution examined complainant as P.W.1. She narrated the incident as told to her by her daughter. The victim girl herself was examined as P.W.2. She also narrated the incident that had taken place.