RAMESH CHAND Vs. STATE OF H.P.

JUDGEMENT

(1.) THIS judgment shall dispose of the aforesaid two appeals. The first appeal, being Cr.A. No. 47 of 2004, has been filed by the appellant Ramesh Chand under Section 374 Cr.P.C. and the second appeal, being Cr.A. No. 181 of 2004, has been filed by the State of H.P. under Section 378 Cr.P.C. against the judgment of the court of learned Special Judge, Kinnaur Sessions Division at Rampur, dated 14.1.2004.

(2.) BRIEFLY stated, the facts of the case are that on 29.11.2001, a report was lodged with the police by one Smt. Birma Devi at 5.15 p.m. in which she alleged that she was working as a JBT in Primary School, Aundi. There was no other Teacher or employee posted in the said School. She alleged that on the previous day i.e. on 28.11.2001, she was on duty and was checking the annual examination papers of the students of Class 5 and the accused Ramesh passed through the School and made some comments. He appeared to be under the influence of liquor. It was alleged that thereafter he came to the School where she was sitting and tried to snatch the papers. He also asked the complainant that his son Bhumeshwar should come second in the class and he snatched the paper from her hand which was torn. She further alleged in the complaint that she asked the accused to leave the place but he tried to put his hand on her neck and breast and gave her beating with a danda on her shoulder which danda was lying nearby. One Gopi Chand was watching the incident from some distance, whom she called who turned the accused out of the School. It was further alleged that the accused started giving her abuses, called her Chamari being from lower caste and that he would commit sexual intercourse with her. The accused also used indecent abuses and gave a threat to take her life. She closed the School and went back to her residence and lodged the report with the police on the next date.

(3.) BEING aggrieved by the acquittal of the accused under Sections 353 and 506 IPC, the State has filed the appeal No. 181 of 2004, while the accused has filed the appeal No. 47 of 2004 against his conviction under Section 3(x)(xi) of the SCST Act.