Sunil Kumar Sinha, J.

1. This Appeal is directed against the Judgment dated 25.03.2015 passed in S.T. Case No. 58 of 2013 (originally instituted as S.T. Case (SC & ST (POA) Act Case No. 02 of 2012) by the Special Judge SC & ST (Prevention of Atrocities) Act, 1989, East Sikkim at Gangtok. By the impugned Judgment, the Appellant has been convicted u/S. 3 (1) (x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as “Special Act”) and Section 353 of the IPC and sentenced to undergo SI for six months and to pay fine of Rs.3,000/- with default sentence of SI for three months and SI for six months, respectively, with the direction to run the sentences concurrently.

2. The facts, briefly stated, are as under:-

2.1 Complainant, Bikash Lohar (PW-1) was working on the post of Junior Engineer (JE), Rural Management and Development Department (RM & DD), Government of Sikkim. He was in-charge of PMGSY Road (under construction) from Tareythang to Kerabari. Bikash Lohar (PW-1) was a member of ‘Kami’ caste recognised as Scheduled Caste in the State of Sikkim under the Constitution (Sikkim) Scheduled Tribe/Caste Order 1978. The work