Hon’ble B.S. Verma, J. (Oral)

This Criminal Appeal, U/S 374 of Criminal Procedure Code (in short Cr.P.C.), has been preferred against the judgment and order dated 21-3-2003, passed by Sessions Judge, Pithoragarh in Sessions Trial No. 01 of 2002 State Vs. Narendra Chand @ Naresh Chand, whereby the accused was found guilty of offence U/S 354 I.P.C. and he was sentenced to undergo six months R.I. and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo three months R.I. The accused was further held guilty U/S 3 (1) (xi) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities )Act and was sentenced to undergo six months R.I. and to pay a fine of Rs. 500/- and in default of payment of fine to further undergo R.I. for three months. Both the sentences were directed to run concurrently. The accused was acquitted U/S 3 (1)(3) S.C. and S.T. Act.

2. The prosecution story in short is that on 30-10-2001 at about 11 a.m. the accused Narendra Chand attempted to commit forcible rape upon Km. Maya a minor girl of Keshave Ram, who belongs to Scheduled Caste Community. The written report of the incident was handed over by Keshav Ram to Sub Divisional Ma