RAGHUVIRSINH C RATHOD Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By way of present appeal, filed under Section 374 of the Code of Criminal Procedure, 1973, the appellant original accused has challenged the judgment and order of conviction dated 30.3.2000 passed by the learned 5th Additional Sessions Judge, Vadodara, in Atrocity Case No.117 of 1998. The said case was registered against the appellant original accused for the offences punishable under Sections 354, 504, 506(2) of the Indian Penal Code and under Section 3(1) (10)(11) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act. The appellant is sentenced to undergo R.I. for six months and fine of Rs.500/-, in default, S.I. for fifteen days for the offence punishable under Section 3(1)(11) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act. The appellant is further sentenced to undergo R.I. for six months for the offence punishable under Section 354 of the Indian Penal Code. Both the sentences are to run concurrently.

(2.) According to the prosecution case, on 8.10.1997 the complainant had reached Sankheda at about 9:20 a.m. and after signing the muster-roll in the principal's room, she was going towards staff room, at that point of time, after climbing the stairs and in between two walls, a small lobby is situated, while she was passing through that lobby, the accused had embraced her by force and immediately the complainant had resisted by asking as to why he was doing so and immediately in an anger, she started shouting still she was not released, and thereafter the complainant threatened the accused that if she is not left alone, she will complain before the Principal and after the accused was threatened, the complainant was released. Thereafter the complainant immediately went to the staff room and in the staff room, she informed about the said incident to her other colleague Lecturer.

(3.) It is case of the prosecution that the complainant alongwith one another Lecturer Mr.Naik went to the Principal's chamber to make a complaint about the said incident against the accused and thereafter the accused as well as the complainant had made a complaint to the Principal and made representation of their respective cases to the Principal. Thereafter the complainant was threatened by the accused of dire consequences and was further threatened that the complainant shall not be permitted to live in Baroda. On that day, the wife of the accused who is the only Lecturer in the said college was not present in the college. It is further case of the prosecution that the complainant being Scheduled Tribe member, she was abused by the accused and, therefore, the accused is alleged to have committed offence punishable under Sections 3(1)(10) and 3(1) (11) of the Prevention of (Scheduled Caste and Scheduled Tribe) Atrocities Act.