POHAP SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THIS is an appeal directed by appellant-Pohap Singh s/o Ramji Lal, against the judgment dated 27/29.4.1998 passed by Sh. M.P. Mehndiratta, Judge, Special Court, Gurgaon, vide which the accused has been convicted under Section 3 (i)(xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter to be mentioned as "the SCST Act").

(2.) THE prosecution case is that Smt. Ramesh Devi prosecutrix, as well as, accused Pohap Singh, are residents of village Bapas, Police Station Pataudi, District Gurgaon. Prosecutrix is a Harijan 'Chamar' by caste, whereas the accused is 'Ahir'. On 2.3.1995 at about 2.00 P.M. the prosecutrix was cutting green fodder in the fields of Amar Singh. The accused arrived and made an advance towards her. He then caught her from her breast and started undressing himself. She raised an alarm. On hearing the same Devinder Singh s/o Gajraj and Umrao s/o Sardara, who are also the residents of village Bapas arrived there. On seeing them, the accused fled away.

(3.) THE prosecution in order to bring home the guilt of the accused, examined PW-1 Smt. Ramesh Devi prosecutrix, PW-2 Bir Singh Constable, PW-3 Gobind Ram, HC, PW-4 Devinder, PW-5 Kanihya Lal SI and closed its evidence.