SHYAMU SINGH Vs. STATE OF U P

JUDGEMENT

(1.) CHALLENGE in this appeal is judgment and order dated 20.12.2011 passed by learned Special Judge (SC/ST Act)/ Additional Sessions Judge, Court No. 11, Hardoi in Sessions Trial No. 433 of 2005, arising out of Case Crime No. 85 of 204, Police Station Manjhila, District Hardoi whereby the appellant was tried and convicted for the offence under Section 354 I.PC. and 3 (1)(xi) of the SC/ST Act. For the offence under Section 354 I.P.C. he was sentenced to undergo rigorous imprisonment for a period of one year and also with fine of Rs. 300/ - with default stipulation of three months additional imprisonment. Similar sentence was imposed for the offence under Section 3 (1)(xi) of the SC/ST Act. Both the sentences were directed to run concurrently.

(2.) IN brief, the facts necessary for the disposal of the instant appeal are that on 11.5.2004 at about 11:40 a.m. Complainant Ram Bilas, who belongs to scheduled caste category, lodged an F.I.R. at Police Station Manjhila stating therein that his sister had gone to throw away the domestic waste towards east of the village at the place of "GHURA". Appellant Shyamu Singh, with bad intentions, caught hold of the hand of the victim. She cried, hearing her noise, Smt. Neerkali and aunty of the victim reached there and the appellant ran away from there. The police investigated the matter, inspected the place of occurrence and after completing the investigation, charge sheet was filed against the appellant.

(3.) THE case of the defence was that elder brother of the appellant lives in the village of the complainant, which happens to be the village of his maternal grand father. Kanhai, uncle of the victim had borrowed some money from Netrapal and when Netrapal asked for the refund of the same then he has been falsely implicated in this case.