VIJAY SINGH RATHORE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and order of sentence passed by Special Judge {The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989}, Bilaspur in Special Criminal Case No.40/2007 on 22.12.2007, whereby the appellant has been convicted under Sections 452 & 354 of the IPC and sentenced to undergo R.I. for 1 year and to pay fine of Rs.500/-, on both counts, with usual default stipulation.

(2.) As per the prosecution case, on 03.03.2007 at about 11 pm, the complaint (PW-1) was sleeping in her house along with her great grand mother-in-law Itwariya Bai (PW-4) and great grand father-in-law Sitaram Singh (PW-6). Her husband Upendra (PW-2) had went for celebration of holy in the village. It is the further case of the prosecution that while the prosecutrix was sleeping in her room at that time some one came inside the room i.e. the appellant, switched off the light and when the victim wanted to flee away, the appellant caught hold of her, threw her into the cot and tried to outrage her modesty. Thereafter, when she cried for help, the appellant fled away and at the same time, the husband of the prosecutrix Upendra (PW-2) also came there and he after chasing the appellant caught hold of him and thereafter brought the appellant before the villagers. Subsequently, the F.I.R. was lodged vide Ex.P-1 and investigation was carried out. Charge sheet in this case was filed under Sections 452 & 354 of the I.P.C. read with Section 3 (1) (11) of the The Scheduled Castes and Tribes (Prevention of Atrocities) Act, 1989 and the case was committed for trial.

(3.) During the course of trial, the appellant abjured the guilt and claimed to be tried.