The prosecution must prove guilt beyond reasonable doubt, especially in cases involving stringent offenses under the SC & ST Act. Circumstantial evidence must be complete and incapable of explanation on any other hypothesis than the guilt of the accused.

Heard Mr. Chitranjan Sinha, learned Senior Counsel for the appellant and Mr. Sujeet Kumar Singh, learned Additional Public Prosecutor for the State.

2. The sole appellant Umesh Prasad Singh was arraigned before the Special Judge (Scheduled Castes/Scheduled Tribes)-cum-1st Additional Sessions Judge, Munger in Sessions Trial No. 124 of 2012 arising out of Kotwali P. S. Case No. 335 of 2003 on charge of voluntarily causing heart and using criminal force with intent to outrage the modesty of informant Reeta Das, a member of Scheduled Caste Community as also intentionally intimidating her with intent to humiliate in a public place within ‘public view’ and using force upon her punishable under Sections 323 and 354 of the Indian Penal Code (for short ‘IPC’) and Sections 3(1)(x) and 3(1)(xi) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short ‘SC & ST Act’) respectively.

3. On completion of trial and after hearing arguments advanced on behalf of the parties, the trial court, vide judgment and order dated 05.05.2014, convicted the appellant under Section 3(1)(x) of the SC & ST Act and sentenced him to undergo imprisonment for two years and to pay fine of Rs.2000/- and in default to undergo imprisonment for additional one week. The trial court acquitted the appellant of other charges framed against him, i.e. under Section 3(1) (xi) of the SC & ST Act and Sections 323 and 354 of the IPC.

4. The appellant is appealing against both the conviction and sentence alleging that there was no appreciation of facts and law involved in the case in correct perspective by the trial court and the trial court had erred in admissibility of certain evidences in arriving to its factual findings. It is also urged that the investigation of the case was conducted by an officer not authorized in law. Hence, the very foundation of the case under the SC & ST Act is non est in the eyes of law.

5. The informant Reeta Das made her oral statement on 25th July, 2003 at 13.30 hour in the Chamber of the Chief Manager, State Bank of India (for short ‘SBI’), Main Branch, Munger, which was recorded by a Sub-Inspector of Police, namely, P. R. Chauhan. On the basis of the said oral statement Kotwali P. S. Case No. 335 of 2003 was registered under Section 354 of the IPC and Sections 3 and 4 of the SC & ST Act. In her statement, the informant has stated that she joined the SBI in the year 1985 as a Clerk-Cum-Cashier. Since then, she was working in the Main Branch at Munger. In the same Branch, Umesh Prasad Singh (the appellant), who is senior to her, was also posted earlier, but presently he is posted in the Bazar Branch of the SBI at Munger. She has alleged that earlier, when he was posted in the Main Branch, he oftenly used abusive, vulgar and derogatory language towards her. He intentionally used to make sexually coloured remarks and with intent to humiliate her he used to call her ‘chamaraniya’ in derogatory manner on the place within 'public view’ in presence of several staffs of the Bank. He also coerced her to get married to his servant Vinay Kumar Tiwari. In the said proposal for marriage, his intention was apparently dishonest. When she refused to marry his servant, he started harassing her more vigorously. Thereafter, in the election of the office bearers of the Staff Association of the SBI of Bhagalpur Zone, he was elected as Deputy General Secretary.

6. It is alleged that after being elected as Deputy General Secretary, abusing his position, he got her transferred to Safiyabad AMY Branch in order to put pressure upon her so that she may surrender and the appellant may sexually exploit her.

7. After recording of the fardbeyan, the informant put her signature over it. The fardbeyan was also signed by Mr. Vipin Kumar Singh, Chief Manager, SBI, Munger and Nawal Singh, Manager, Development Banking, SBI, Main Branch.

8. On the basis of the aforestated statement of the informant, Kotwali P. S. Case No. 335 of 2003 dated 25