JUDGMENT

Pritinker Diwaker, J.—This appeal has been preferred against the judgment and order dated 19.2.1998 passed by Special Judge, Ambikapur in Special Case No. 140/1997 convicting the accused/appellant under Section 354 IPC & 3 (1) (xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the “special Act” and sentencing him to undergo rigorous imprisonment for six months and pay fine of Rs. 500, in default of payment of fine to further undergo RI for one and a half months, on both counts.

2. Facts of the case in brief are that on 17.7.1996 FIR Ex. P-1 was lodged by the prosecutrix (PW-1) aged about 14 years at the relevant time belonging to scheduled tribe community, alleging that on 16.7.1996 when she alongwith Bharat Parhin (PW-3) and Ghutra Parhin (PW-4) was returning from the field, accused/appellant who was present near the pond, caught hold of her left hand, stopped her and in order to harass her he applied vermillion (sindur) on her face and forehead with bad intention and then he fled away from the spot. After reaching home, she informed the incident to her mother and as it was getting dark in the night, report could not be lodged on the