S. R. K. PRASAD, J.

( 1 ) THE Accused has preferred this appeal against the conviction and sentence of rigorous Imprisonment for 5 years for the offence punishable under Section 354 IPC, and also sentencing him to undergo Simple imprisonment for a period of 6 months for the offence under Section 3 (1) (xi) of the schedule Caste and Schedule Tribes (Prevention of Atrocities) Act, 1989 (for short the SC and ST Act ) and also imposing a fine of Rs. 100. 00 under each count by the additional Sessions Judge, Vizianagaram in s. C. 77 of 1996 on 26-03-1999.

( 2 ) IT is the case of the prosecution that on 6-3-1996 at about 5. 00 p. m. during evening time, the accused caught hold of the hand of p. W. 1 and dragged her into his motor shed, and thereupon, she got herself released from his clutches and reported the same to her husband-Paturi Venkatarao (P. W. 2 ). Later, they went to the Police Station and presented a report on 6-3-1996 at about 9. 30 p. m. which resulted in registering of Cr. No. 30 of 1996 of gurla Police Station under Section 354 IPC under Ex. P-2-FIR. After investigation, the accused was charge-sheeted by the Police under Section 354 IPC. The Sessions Judge framed charges under Section 354 IPC and also framed additional charge under section 3 (1) (xi) of the SC and ST Act. The plea of the accused was one of denial for the said charges.

( 3 ) THE prosecution in all examined three witnesses. P. W. 1 is the victim. P. W. 2 is her husband. P. W. 3 is the Investigating Officer who is said to have recorded Ex. P-1 statement and registered it as Ex. P-2-FIR. The accused also examined two witnesses who alleged that the said accused tried to mediate the dispute in between P. W. 2 and an alluminum vessel vendor and there was an altercation between P. W. 2 and the accused, and the said incident took place at the house of D. W. 1. The Additional Sessions Judge recorded a finding of guilt for the offences under section 354 IPC as well as under Section 3 (1) (xi) of the SC and ST Act. The Sessions Judge convicted the accused to undergo R. I. for 5 years under Section 354 IPC and also sentenced to undergo S. I. for a period of 6 months under Section 3 (1) (xi) of the SC and st Act and also sentenced to pay a fine of rs. 100/- under each count, in default to undergo S. I. for a period of one week. Thereupon, the accused has preferred this appeal.

( 4 ) THIS Court has now to consider whether the evidence is sufficient to find that prosecution has proved the guilt of the accused beyond all reasonable doubt for the offences under Section 354 IPC and 3 (1) (xi) of the SC and ST Act.

( 5 ) BEFORE adverting to the evidence, it is necessary to have a glance at Section 354 IPC and 3 (1) (xi) of the SC and ST Act. Section 354 ipc reads as follows:"assault or criminal force to woman with intent to outrage her modesty - Whoever assaults or uses criminal force to any woman, intending to outrage or knowing it to be likely that he will thereby outrage her modesty, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both. Provided that the Court may, for adequate and special reasons to be mentioned in the judgment, impose a sentence of imprisonment of either description for a term which may be less than five years, but which shall not be less than two years. "section 3 (1) (xi) of the SC and ST Act reads as follows:"3. PUNISHMENTFOROFFENCESOFATROCITIES:- (1) Whoever, not being a member of a scheduled Caste or Scheduled Tribe, (xi) assaults or uses force to any woman belonging to a Scheduled Caste or a scheduled Tribe with intent to dishonour or outrage her modesty".

( 6 ) IN cases of commission of offences against the SC and ST community under SC and ST Act, a person can be prosecuted under section 3 (1) (ix) of SC and ST Act. In cases of others, the Special Act will not have any application, and only a person can be prosecuted under Section 354 IPC for the alleged offence. Under

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