- (1.) This appeal is directed against the judgment and order of conviction and sentence passed by the learned Special Judge, Andaman and Nicobar Islands in Special Case No. 2 of 2004 convicting the appellant for commission of offence punishable under section 3(1)(xi)of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereinafter referred to as the Act of 1989) and sentencing him to suffer rigorous imprisonment for one year and to pay a fine of Rs. 3000/-(Rupees three thousand only) in default to suffer three months imprisonment more.
(2.) The prosecution case against the appellant is to the fact that the defecto complainant Dr. Harold Charles (PW-3) is the father of the victim girl (PW-6), who was aged about 9 years at the time of the occurrence; on 15.03.2004 around 1.30 PM, PW-3 sent the victim girl to the shop of the appellant to purchase some eatables; when the victim went to the shop, the appellant made her wait till other customers had left; thereafter, the appellant caught hold of her right hand and dragged her inside the shop room and molested her; after such sexual assault, the victim returned home sobbing and on repeated queries informed her father (PW-3) about the incident; her father immediately rushed to the shop and demanded an explanation from the appellant; initially the appellant denied the incident, but subsequently he came to the residence of PW-3 and begged for pardon and pleaded with PW-3 not to divulge the incident to his family members; on the same day, PW-3 informed the incident to his superior officer and such complaint was forwarded to the Superintendent of Police, Car Nicobar who in turn forwarded the same to PW-7 Narendra Dubey, S. I of Police posted with Anti Corruption Unit, Andaman and Nicobar Administration, Port Blair resulting in the registration of FIR at Car Nicobar, Police Station being Case No. 10 of 2004 on 17.03.2004 under section 354 of the Indian Penal Code read with section 3(1)(IX) of the Act of 1989 against the appellant.
(3.) In the course of investigation which was conducted by PW-8, a Dy. Superintendent of Police, the statement of the victim (PW-6) was recorded before a Judicial Magistrate under section 164 of the Code of Criminal Procedure and a charge sheet was filed against the appellant under section 354 of the Indian Penal Code read with Section 3(1(IX) of the Act f 1989.;