Surendra Vikram Singh Rathore, J. - (1.) UNDER challenge in this appeal is the judgment and order dated 5.3.2012 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act), Court No. 10, Faizabad in Sessions Trial No. 363 of 2009 arising out of Case Crime No. 105 of 2009, Police Station Gosainganj, District Faizabad whereby appellant Sanjay Maurya was convicted and sentenced for the aforesaid offences as under: - "(i) Under Section 323 I.P.C. Six months Simple Imprisonment and fine of Rs. 500/ - with default stipulation of one month simple imprisonment. (ii) Under Section 3(1)(x) of the SC/ST Act Two years Simple Imprisonment and fine of Rs. 1,000/ - with default stipulation of two months simple imprisonment. Both the sentences were directed to run concurrently.
(2.) THE case of the prosecution, as averred in F.I.R., was that complainant Ashrafi Lal lodged an F.I.R. at Police Station Gosaiganj on 1.2.2009 at 15:10 hours alleging therein that on 31.1.2009 at about 4:00 p.m. his daughter Km. Poonam, who was residing in the house her of maternal grand mother (Nanihal) and was a student of Ram Bali Degree College, was coming back from the college to her house. While she was on her way then appellant Sanjay Maurya made caste aspersions and abused her. On her resistance, he caused her injuries. On the basis of this F.I.R., the case was registered. The victim was referred for medical examination, which was conducted on 1.2.2009 at 3:40 p.m. at P.H.C. Gosaiganj and following injuries were found on her body: - "(i) Mild swelling with contusion size 5 c.m. x 4 c.m., over forehead and root of nose. (ii) Contused swelling over occipital region size 4 c.m. x 3 c.m. (iii) Linear abrasion about size c.m., present on right side of face just lateral form right nostril. (iv) Contused swelling size 4 c.m. x 3 c.m., present top of right shoulder. (v) Contused swelling size 5 c.m. x 2 c.m., present on right side of back, just below inferior angle of right scapula. (vi) Abraded contusion size 3 c.m. x 2 c.m., present on lateral aspect of left knee joint radish in colour. (vii) Abraded contusion 1 c.m. x 1 c.m, present on middle of right great toe. (viii) Complain of pain all over body. In the opinion of doctor, all the injuries except injury No. 1, were simple in nature and caused by hard and blunt object and duration were reported to be 24 hours old. Injury No. 1 was referred for x -ray. In the x -ray report, nothing abnormal was detected.
(3.) AFTER completing the investigation, charge sheet was filed.;