(:1 @ •HI^-1 COURT OF CHH^TnseARH AT BIMSPUR CrimlnjaLAB&e@LN@J,4_tyr_I002 Appellant Bharat, -S/o.&itu © Rajuram, A^ed about 25 years/ 'Occupation-Labour/ ft/o Bazarpura,.' .Xoridagaon, P.S.Kondagaon, Distrtct-.Bastar (JQgdoJpyrl R®.S9@nd@nt y^rmw • . State of <^hatt'isgarh Throygh S.W.O.P.s.Kondagaon Distrsct-Bastar (Ja9€ialpyr) (CRIMINAL APPEAL UNDER, SECTION 374(2) OF Cr.P..C.) (SB: 'Hon'bleMr.T.P. Shorme, J.) None appears for the appelbnt. Shrs Sudhsr Bajpai/Dy. &7ovt. Advocate for the State. ..< ORAL ORDER ^Qsssd cn 6th Dec©mb©r.2008) When the case is caSted out.for hear'ng, no repre^Bntatlon is made on behoJf of the appetSant. Vide order dated 27 11.2003, the csppeilont has been reteased after serving the sentence^ I have perused the appeal, judgment Impugned and 1+ie. record of the trio! court» This appeat is directed agaSnst thc jydgment of convsction A order of sentence do.ted 7J..l,200i passe.d by the Special Judge (S.C.S.TAct), Bastar, m Sessions Trtai No.281/2001 whereby and whereunder le.amed Speclal Judge after hoidlng -rfie appellant guilty for commisslon of offen.c^ punishable under -Se.ctions 456, 354 and. 323 read wi1fi section.34 of the Indian Pena! Code and Sections 3 (i) (x) and 3 (i) (xl) of the Scheduled Castes ond Scheduled Trjbes (Preven+Son of Atr'ocit'es), Act, 1989, sentenced. hw to undergo RJ. for 1 year and to pay fine of Rs.100/-/ in defauSt of.payment of fine to further undergo RJ, for i monlli, R..l»for 1 ^ ./- -z— 6/- I- yggrs, R,I, for 6 months, R,I, for 6 months ond to pay fsns of Rs.1.00/-, in defajlt of payment of fine to further yndergo ftJ. for 1 mon-tti ond RX for 1 i- years and to pay finc of Rs. 100/-., In defay!t of payment of flne to furl+ier undergo RJ. for 1 month. 2. . Case of the prosecutton, m brief, Is' that on 4.2.2001 the appeiSant entered in 1+ie house of the prosecytrix Nceto Bai wlth Intent to oytrage her modesty <md used crimina! .force upon her by knowng wciJ tifiat Ifee prosecutrJx is member of the ScheduJed Caste. She Jodged the report After completion of JnyestlgatJon/charge sheet was fited m the Court of Chlef jydiclaJ Maglstrote, JagdoJpyr who In 1urn commit8"ed 1^e to 1^e Court of .Sessson^ Judge, Jagdaipur from where Special Judge, Jagd^pur receiyed the same on transfer for.trJoJ. 3. After affording an opportunity of he€ir?n9 to th.e coynsel for the 're^pective parties, the trial court has convicted and sentenced the appelte.nt as aforementione'd, 4. The !ega!sty and proprlety of the Judgmerst of con^iction and order of sentence ss chailenged by this appeal. 5. Staterpent of the prosecutrix Neeta 'Bai (PW-1) is supported by Ifjrtan (PW-2), father of the prosecutrJx, Smt. Bah.ciidehi BQI (PM^B), mother of the prosecutrjx, Pramsiabai (PVI/-4) who have supportecl the ca% of the prosecution. Injures were supported by 1+ie statement of Dr. S.K.Kanwar (PVl^9) who hos examined 1+ie prose.cutrix vlde ExP/8. These witnesses have aiso stated thcst they were. assaulted'by the. appe!!ant and they ware insu.!t€.d on the ground of hjs .caste. ConylctJon Js based on evidence for warrcxnt convictlon against the appeliant. I do not find any jjle.gality or jnfirmity in thejudgsne-nt'impygne.d. 6< ConsequentJy, the appea' belng devoid of -merit Is Ijable to be dismissed and it is hereby dismissed. • | • • Sd/- T.P.Sharma Judge