JANARDAN UTTAM DEVALE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The appellant is aggrieved by the judgment and order dated 31.3.2006, delivered by Additional Sessions Judge, Washim, in Atrocity Case 18 of 2003, by and under which, he is convicted for offence punishable under section 354 of the Indian Penal Code (IPC) and is sentenced to suffer simple imprisonment for two months and to payment of fine of Rs. 500/-.

(2.) Heard Shri Anil Mardikar, the learned senior counsel for the appellant - accused and Shri N.H. Joshi, the learned Additional Public Prosecutor for the respondent / State.

(3.) The case of the prosecution as is unfolded during the course of trial is thus: The incident occurred on 7.10.2003 when the prosecutrix and other women labours were collecting Soyabin seeds in the agricultural field of the accused. In the afternoon, the accused approached the prosecutrix, asked her whether she would like to have sweet from him, caught her hand and pressed her breast. The accused warned the prosecutrix not to raise alarm. The prosecutrix none the less shouted and the accused left the spot. The prosecutrix disclosed the incident to other women labour and returned home. When her father returned home, the prosecutrix disclosed the incident. The report was lodged at Police Station Malegaon on 7.10.2003. On the basis of the report offence punishable under section 354 of the IPC and under section 3(1) (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act was registered. Initially the investigation was conducted by PSI Sonparote who visited the spot and recorded the spot panchanama. The investigation was taken over by PW 6 Ramesh Tele - Deputy Superintendent of Police, Washim in view of the provisions of the Atrocities Act. Completion of investigation led to submission of charge sheet in the Sessions Court.