The evidence must establish that the accused's actions were solely motivated by the victim's scheduled tribe status to sustain a conviction under the special provision.

Pritinker Diwaker, J.

1. This appeal is directed against the judgment and order dated 29.3.2001 passed by Special Judge, Jagdalpur (Bastar) in Special Case No. 229/2000 convicting the accused/Appellant under Section 354 IPC and 3 (1) (xi) of the Scheduled Caste and Scheduled Tribe (prevention of atrocities) Act (for short the "Act") and sentencing him to undergo rigorous imprisonment for one year with Fine of Rs. 500 under Section 354 IPC and rigorous imprisonment for one year with fine of Rs. 1000 under Section 3 (1) (xi) of the Act, plus default stipulations.

2. Case of the prosecution in brief is that on 11.7.1999 FIR Ex. P-1 was lodged by prosecutrix (PW-1) - a married lady aged about 22 years at the relevant time alleging that on that day at about 7 p.m. when she had gone to see the snake crept in the house of her uncle-in-law and while returning therefrom accused/Appellant who was coming from the opposite direction met her on the way, pressed her breast and pulled her by hand with an intention to outrage her modesty as a result of which she fell down and on hearing her cries for help number of persons reached there and intervened in the matter. Based on this FIR, offence was registered against the accused/Appellant under Sections 354 IPC and 3 (1) (xi) of the Act. After investigation, challan was filed by the police on 26.7.1999.

3. So as to hold the accused/Appellant guilty, prosecution has examined 06 witnesses in support of its case. Statement of the accused/Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and pleaded his innocence and false implication in the case. This apart one Munna alias Jodhan (DW-1) has also been examined by the defence in support of its case.

4. After hearing the parties the trial Court has convicted and sentenced the accused/Appellant herein as mentioned above.

5. Heard counsel for the parties and perused the material available on record including the judgment impugned.

6. Counsel for the accused/Appellant submits that there is absolutely no evidence available on record to show that the accused/Appellant had caught hold of the hand of the prosecutrix to outrage her modesty just because she hailed from scheduled tribe community. He submits that even the prosecutrix has not stated in her court statement that the act alleged against the accused/ Appellant was done by him with an intention to outrage her modesty. He submits that the prosecutrix has given three different versions in the FIR, her case diary statement and the statement made before the court. In FIR she has alleged that first the accused/Appellant had pressed her breast and then caught hold of her hand; in case diary statement she has stated that after abusing in the name of her caste he said that she was barren and as her husband was not able to make physical relations properly she did not have the issue whereas in her court statement she did not stick to the statements made in the FIR and the case diary statement. He thus submits that at the most the Appellant could be convicted under Section 354 IPC and not under the special Act.

7. On the other hand counsel for the Respondent/State supports the judgment impugned and submits that as in the present case a poor lady belonging to scheduled tribe community has been subjected to outrageous act of the accused/Appellant, conviction recorded by the Court below is fully justified.

8. Prosecutrix (PW-1) has stated in her court statement that she belongs to Bhatra caste which comes within the scheduled tribe category. According to this-witness, on the date of incident after coming to know about the snake having crept in the house of her uncle-in-law she had gone there and while she was returning at about 7 p.m., accused/Appellant met her on the way in a drunken condition, caught hold of her and felled her down. Thereafter, on hearing the cries raised by her, Kanwal Singh, Lakhi and Munna came there and rescued