STATE OF HIMACHAL PRADESH Vs. PREM SINGH

JUDGEMENT

(1.) The State has challenged the acquittal of the respondent who was charged for offence under Section 3 (xi) of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 354 IPC.

(2.) The respondent was prosecuted for the offence on the complaint having been made by the prosecutrix PW4 Roshani Devi who belongs to 'chamar' caste which is notified as a scheduled caste. On 26.9.2009 the prosecutrix along with her aunt PW5 Ratani Devi had gone to the attend Bhandara (religious feast) at village Naya Gaon. At around 4 PM when they were returning from the Bhandara after taking food, accused Prem Singh, one Rahul and another boy who belonged to Rajput caste met them on the way and caught hold of her. She complained that they were molesting her. So much so they solicited sex for monetary consideration. She was furious and pelted stones at them upon which they threatened her by shouting 'Chamari tere ko dekh lenge'. She raised an alarm on which PW5 Ratani Devi intervened and saved her from the clutches of the accused.

(3.) In order to prove the guilt of the accused, the prosecution examined nine witnesses. Apart from the prosecutrix PW4 Roshani Devi, PW5 Ratani Devi, PW6 Dharam Pal, PW7 Tara Chand and PW9 Salig Ram were examined by the prosecution.