Kaushal Jayendra Thaker, J.

1. The present appellant has preferred this appeal under Sec. 374(2) of the Code of Criminal Procedure, against the judgment and order of conviction and sentence dated 31-7-1996 passed by the learned Special Judge, Court No. 7, Ahmedabad in Atrocity Criminal Case No. 5 of 1995, whereby, the learned Judge has convicted the appellant under Sec.3(1)(viii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo S./I. of six months and to pay a fine of Rs. 500/-, in default, to undergo further S./I. for seven days, which is impugned in this appeal. The brief facts of the prosecution case is as under:

2.1. The complainant Smt. Virbala Manilal Banker happens to be a member of Scheduled Caste filed a private complaint before the Court against the present accused. According to it, accused was working as Assistant General Manager with United India Insurance Company, Office No. 1, Ambica Centre, Relief Road, Ahmedabad till June, 1992. In the same office, she was working under him as clerk since 1980. During the period accused misused his power so that complainant would surrender to him and behave according to his wishes. Therefore, she was taken into confidence by opening joint account with the bank under the pretext that by investing such amount in shares, they can acquire monetary gain. It was done by the accused with mala fide intention. In order to exploit her sexually, the accused filed a false and frivolous complaint before the Metropolitan Magistrate Court No. 15. He also gave applications in various police stations to humiliate her and to lower down her in the society. Thus, her matrimonial life may be disturbed and she may surrender to wish of the accused. After filing the complaint before Court No. 15, accused at once withdrew the same, and thus, she was put into mental depression. As he has filed various applications in police stations, she was constrained to visit police station in order to give her statement. Thus, giving mental torture, accused wanted to see that matrimonial life of the complainant would be disturbed, and thereby, he can sexually exploit her. Thus, accused being a superior officer, he misused his power in order to extort money and to blackmail her. She was also threatened by accused that her kids would be kidnapped or killed so that she has to bow down to him. The accused is financially sound and influential person. Thus, accused has abused the process of law and has also taken undue advantage as she being a member of Schedule Caste. The complainant filed a private complaint which was sent to Karanj Police Station under Sec. 156(3) of the Code of Criminal Procedure. The police recorded statements of witnesses, collected documentary evidence and on being completion of investigation, accused came to be charge-sheeted on 31-1-2005 before the Court of the learned Special Judge for the alleged offence punishable under Secs. 3(1)(viii) and 3(1)(ix) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, which was numbered as Atrocity Criminal Case No. 5 of 1995.

2. The accused was charged vide Exh. 4. The appellant-accused pleaded not guilty and claimed to be tried.

3. In order to bring home the charge levelled against the appellant-accused, the prosecution has examined the following witnesses:

1.	P.W. 1	Virbala Manilal	Exh. 12
2.	P.W. 2	Devabhai Chhanabhai Bhambhor	Exh. 18
3.	P.W. 3	Manilal Khushalbhai Banker	Exh. 19
4.	P.W. 4	Yogen Pramukhlal Parekh	Exh. 26
5.	P.W. 5	Kishorsinh Dilipsinh Jhala	Exh. 32
6.	P.W. 6	Nainaben Rajeshkumar Hidiya	Exh. 33
7.	P.W. 7	Natubha Jorubha Gohil	Exh. 37
8.	P.W. 8	Popatsinh Jawansinh Chavda, I.O.,	Exh. 32

4. The accused has also examined the following witnesses:

1.	Kiritbh