MANOJ KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the appellant and learned AGA for the State of U.P. as well as perused the record.

(2.) The instant Criminal Appeal under Sec. 374 (2) Cr.P.C. has been filed by the appellant namely Manoj Kumar s/o Ram Autar Resident of Jaitanpur, Hamlet of Khajohna, Police Station- Kachhauna, District- Hardoi challenging the judgment and order 21/12/2010 passed by the Special Judge, SC/ST Act/Additional Sessions Judge (F.T.C.), Court No. 5, Hardoi (in short "Trial Court") in Session Trial No. 1056 of 2004, arising out of Case Crime No. 12 of 2000, under Ss. - 354, 323, 504, 506 IPC and Ss. - 3(1)(x) and 3(2)(v) of SC/ST Act, P.S.- Kachhauna , District- Hardoi, thereby convicting and sentencing the appellant under Sec. 354 IPC for one year's rigorous imprisonment, under Sec. 323 IPC for six month's rigorous imprisonment, under Sec. 504 IPC for one year's rigorous imprisonment, under Sec. 506 IPC for one year's rigorous imprisonment and under Sec. 3(1)(X) SC/ST Act for one year's rigorous imprisonment alongwith fine of Rs.300.00 and default to pay the amount of fine further to undergo one month's rigorous imprisonment. All the sentences were directed to run concurrently.

(3.) The case of the prosecution as appears from the record, in nutshell, is to the effect that on 24/1/2000 at about 4.30 P.M. in the evening, the complainant/victim resident of Village- Jaitnagar, Majra Khajohna, Police Station- Kachhauna, District- Hardoi had gone to ease herself in an 'Arhar' field near the village, where the accused/appellant Manoj Kumar allegedly pushed her to the ground, assaulted her and molested her. Upon hearing the cries of victim, the villagers reached to the spot and therefore the accused fled away from there abusing and threatening the victim for dire consequences.