DWARIKA RAI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction dated 22.4.2002 and order of sentence dated 24.4.2002 passed by Special Judge, Giridih in T.R. No. 92 of 2001 corresponding to Birni P.S. Case No. 5 of 1995 whereby and whereunder the appellant was convicted under Section 3(1)(XI) of the Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act') and Sections 448/ 354 of the I.P.C. and sentenced to undergo rigorous imprisonment for three years under Section 3(1)(XI) of the Act and six months for the offence under Section 448 of the I.P.C. No separate sentence awarded under Section 354 of the I.P.C.

(2.) The case of prosecution, in short, is that in the evening of 16.1.1995 some altercation took place in between the appellant's son and informant's son. It is then alleged' that on the same day in the evening at about 7:00p.m. appellant entered into the house of informant and abused her. It is further alleged that when the informant and her sister-in-law objected, appellant pulled the informant and outraged her modesty. Accordingly, present case instituted under Sections 448, 354 and 506 of the I.P.C an Section 3 of the Act and police investigated the case. Then, after completing the investigation, police submitted charge-sheet against the appellant under the aforesaid Sections. It then appears that C.J.M., Giridih took cognizance of the offence, thereafter sent the case to the Special Judge, Giridih (Atrocities Act) for trial.

(3.) Learned Special Judge vide order dated 6.7.1999 framed charges against the appellant under Sections 448/354 of the I.P.C and Section 3(1)(XI) of the Act. The said charges read over and explained to the appellant, to which he pleaded not guilty and claimed to be tried, Thereafter, altogether five witnesses examined on behalf of prosecution. After close of the case of prosecution, statement of appellant recorded under Section 313 of the Cr.P.C. in which his defence is of total denial. Learned court below, after considering the evidence available on record, convicted and sentenced the appellant as stated above, against that present appeal filed.