MUNNU KANCHHI Vs. STATE OF U P

JUDGEMENT

(1.) THIS appeal under Section 374 Cr.P.C. has been preferred by appellant Munnu Kanchhi, son of Sri Ram Ratan Kanchhi, resident of Village Hamirpur, Police Station Bihar, District Unnao, against the judgment and order dated 04.08.2006 passed by Additional Sessions Judge/Special Judge, S.C.S.T.(P.A.) Act, Unnao in Special Trial No.185 of 1999 convicting and sentencing the appellant under Section 354 I.P.C. to rigorous imprisonment for six months and under section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act, six months' rigorous imprisonment and fine of Rs.2000/ -. In default of payment of fine, the appellant to further undergo two months' rigorous imprisonment.

(2.) BRIEFLY stated, the prosecution case is that complainant Ram Sahany, son of Mangli Pasi is a resident of Village Hamirpur P.S.Bihar, District Unnao. His niece Keshan Devi was scolded by Smt. Raghurai, her mother since she avoided house hold works; Keshan Devi got angry and she accompanied her friend Jaysree, daughter of Jangli Pasi and proceeded to Takiya Railway Station on 29.7.1997 at 6:00 a.m. to go to her father's place at Baroda(Gujrat); when complainant and others came to know of this fact, then with the help of Jaysree's father Jangli Pasi, they brought her back home from Takiya Railway Station. Jangli Pasi gave beating to her daughter Jaysree and Keshan Devi was again scolded by her mother and was beaten by stick. Jaysree had sold her golden nail for Rs.460/ - at the shop of Babban Sonar of Bhagwant Nagar. On 29.7.1997 at about 1:00 p.m. Keshan Devi along with accused Munnu Kanchhi on one motor cycle and Jaysree's mother and her son Budhhi Lal on a bicycle went to Bhagwant Nagar to bring back the golden nail sold by Jaysree. Jaysree's mother and her son Buddhi Lal returned back on a bicycle and appellant Munnu Kanchhi along with Keshan Devi returned back on the motor cycle and when they reached on the western side of the Village near the pond, appellant Munnu Kanchhi stopped his motor cycle and caught the hands of Keshan Devi, pressed her breast and tried to molest her. Keshan Devi raised alarm and cried, appellant Munnu Kanchhi left her and fled away; complainant's niece came back home on foot and narrated the incident. Due to fear and shame , they did not lodge the report. The incident took place on 29.7.1997 at about 2:00 p.m.

(3.) COMPLAINANT Ram Sahany lodged a written report(Ext. 'Ka' -1) on 30.7.1997 at Police Chowki Bhagwant Nagar, P.S. Bihar. The report was registered as case crime no.217/97 under sections 376, 511 I.P.C. and 3(2)(4) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act. On the basis of written report chik F.I.R. (Ext. 'Ka' -2) was prepared which was endorsed in G.D. The investigation was taken up. After completion of the investigation, charge sheet was filed against Munnu Kanchhi under Section 376, 511 I.P.C. and 3(2)(5) of the Scheduled Castes and the Scheduled Tribes(Prevention of Atrocities) Act. The learned Magistrate took cognizance and completed the legal formalities under Section 207 Cr.P.C. The case was committed to the Court of Sessions on 17.8.1999.