MALLUDAS Vs. STATE OF U P

JUDGEMENT

(1.) Appellant has filed this appeal being aggrieved by the judgment and conviction passed by Special Judge, Mandla in special case no. 71/98 vide impugned judgment dated 31/08/98 whereby being convicted u/s 354 of IPC, he has been sentenced to undergo RI for 3 months and u/s 323 of IPC fine amount of Rs. 500/- in default to suffer RI for 3 months is imposed on appellant. Further, being convicted u/s 3 (1) (xi) of the SC/ST (Prevention of Atrocities) Act he has been sentenced to undergo RI for 6 months with fine of Rs. 500/- in default to suffer further RI for 3 months. All the sentences were directed to run concurrently.

(2.) The case in brief is that complainant PW-2 Nanas Bai, a member of Baiga community on 1/03/98 lodged FIR Ex.P-2 in P.S. Mougaon to the effect that on 28/02/98 when she was alone in the house appellant came to her house, caught her and thrown on the barandah and tired to outrage her modesty. She started crying immediately her husband Sonu who was workingnearby the filed came there on which appellant ran away from the spot. After due investigation, charge sheet was filed.

(3.) Shri Sanjay Patel, learned counsel for appellant has submitted that prosecution has not filed any caste certificate of the complainant Nanas Bai as well as of appellant hence it cannot be said prosecutrix was a member of scheduled tribes community. In this regard, complainant Nanas Bai has very specifically stated in para 1 of cross examination that she belongs to Baiga community and the aforesaid fact is corroborated by PW-4 Maya Das as well as admitted by appellant in answer to the question no.2 of accused statement u/s 313 of Cr.P.C. The said fact is not challenged by the accused in cross examination. Aforesaid argument is not tenable.