NIGRODH Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2012-9-28
HIGH COURT OF UTTARAKHAND (AT: NAINITAL)
Decided on September 11,2012

Nigrodh Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

- (1.) This appeal, preferred under Section 374 of Code of Criminal Procedure, 1973, is directed against judgment and order dated 03.08.1999, passed by 2nd Additional Sessions Judge, Haridwar, in Sessions Trial No. 303 of 1996, whereby said court has convicted the accused/appellant Nigrodh under Section 354 of I.P.C., and sentenced him to rigorous imprisonment for a period of one year. The trial court has further convicted accused/appellant Nigrodh under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, and sentenced him to rigorous imprisonment for a period of six months and directed to pay fine of Rs. 1000/-.
(2.) Heard learned counsel for the parties, and perused the lower court record.
(3.) Prosecution story, in brief, is that on 11.12.1995, at about 5.00 p.m. PW1 Nirmala Devi had gone to ease herself out in the open field of Vishambhar Gujjar. Accused/appellant Nigrodh came there and molested her. She told about the incident to PW4 Pratap Singh (husband of Nirmala Devi), who lodged First Information Report (Ex. A1) at Police Station Bhagwanpur. On the basis of said report, Crime No. 151 of 1995 was registered, and after investigation, PW6 Sub Inspector Daya Ram Arya submitted charge sheet (ExA7) against the accused/appellant Nigrodh for his trial in respect of offence punishable under Section 376 of I.P.C., and one punishable under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The court concerned, after hearing the parties, framed charge of offence punishable under Section 376 of I.P.C., and one punishable under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, against the accused/appellant Nigrodh, to which, he pleaded not guilty and claimed to be tried. On this, the prosecution got examined PW1 Nirmala Devi, PW2 Dr. Ranjana Lumba, PW3 Sandeep, PW4 Pratap Singh, PW5 Sub Inspector S.P. Bishnoi and PW6 Sub Inspector Daya Ram Arya. The oral and documentary evidence was put to the accused under Section 313 of Cr.P.C., in reply to which, the accused stated that he has been falsely implicated in the case. He further told that he only stopped Nirmala Devi (PW1) from defecating in open field. In defence DW1 Prabhashi was got examined. After hearing the parties, the trial court has opined that no offence punishable under Section 376 of I.P.C., is found proved on the record. However, it was found that the offence punishable under Section 354 of I.P.C., is made out. The trial court further found the offence punishable under Section 3 (1) (xi) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, has also been proved. Accordingly, the accused/appellant Nigrodh was convicted and sentenced under said provisions.;


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