The appellant has been convicted by the learned Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989, Washim for the offences punishable under Section 354 of the Indian Penal Code and Section 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989.

2. The appellant was resident of Dhawanda within the jurisdiction of Manora Police Station, District Washim. The victim lady Radhabai was resident of village Sawali. On the date of incident she had gone to Digras, She had returned from Digras by a Bus and got down at the main road on the junction from where a road leads to her village Sawali. The junction from where the road leads to village Sawali is known as 'Sawali Fata' and the same will be referred to as 'Sawali Fata' hereinafter. After getting down at Sawali Fata, the complainant was proceeding to her village. She was accompanied by P.W.1-Namdeo Jadhav and P.W.2-Dattaram Rathod. It is the case of respondent that P.W.1 and P.W.2 stopped for a while to urinate by the side of road and the victim Radhabai (P.W.5) proceeded further towards Sawali. While she was proceeding to Sawali, the appe