UMESH PRASAD SINGH Vs. THE STATE OF BIHAR

JUDGEMENT

(1.) Heard Mr. Chitranjan Sinha, learned Senior Counsel for the appellant and Mr. Sujeet Kumar Singh, learned Additional Public Prosecutor for the State.

(2.) The sole appellant Umesh Prasad Singh was arraigned before the Special Judge (Scheduled Castes/Scheduled Tribes)-cum-1st Additional Sessions Judge, Munger in Sessions Trial No. 124 of 2012 arising out of Kotwali P. S. Case No. 335 of 2003 on charge of voluntarily causing heart and using criminal force with intent to outrage the modesty of informant Reeta Das, a member of Scheduled Caste Community as also intentionally intimidating her with intent to humiliate in a public place within 'public view' and using force upon her punishable under Sections 323 and 354 of the Indian Penal Code (for short 'IPC') and Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'SC and ST Act') respectively.

(3.) On completion of trial and after hearing arguments advanced on behalf of the parties, the trial court, vide judgment and order dated 05.05.2014, convicted the appellant under Section 3(1)(x) of the SC and ST Act and sentenced him to undergo imprisonment for two years and to pay fine of Rs. 2000/- and in default to undergo imprisonment for additional one week. The trial court acquitted the appellant of other charges framed against him, i.e. under Section 3(1) (xi) of the SC and ST Act and Sections 323 and 354 of the IPC.