OM PRAKASH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The instant cr. appeal has been filed by the appellant Om prakash under Sec. 374(2) Crimial P.C. against the judgment dated 4.5.1995 whereby the accused appellant was convicted by the Special Judge, SC/ST (Prevention of Atrocities) Act Caes, Sri Ganganagar in Cr. Misc. Case No.112/1994 and the following punishments was awarded to him which reads as under:

(2.) As per the facts of the case the complainant Vedpal S/o Moti Lal filed a complaint before the Police Station, Suratgarh on 24.2.1994 at about 4.30 p.m. stating therein that when his daughter Sunita, aged 13 years was alone in the house, the accused Om Prakash came and forcibly took her in the room and bite her cheek at that time his wife came in the house but the accused run away, at that time, his other 3 children also shouted and his wife tried to caught hold him but accused ran away from his home, therefore, action may be taken against him. Upon aforesaid complaint, police registered an FIR against the accused appellant for offence under Sec. 354 and 376, 511 Penal Code read with Sec. 3(1) (xi) of the SC/ST (Prevention of Atrocities) Act Cases.

(3.) After investigation, the police filed challan in the court of Addl. Chief Judicial Magistrate, Suratgarh. Thereafter, the case was transferred in the court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar for trial. In the trial, statements of 6 prosecution witnesses were recorded so also the statement of accused appellant were recorded under Sec. 313 Cr.P.C.