Hon’ble Servesh Kumar Gupta, J.

Appellant Mohan Singh Dobhal has been convicted and sentenced for the offence of Section 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act). The trial no. 31/1997 pertains to PS Munsiyari, District Pithoragarh. Accused Mohan Singh Dobhal was chargesheeted for the offence of Section 493/506 IPC as well as Section 3(1)(xii) of the Act. Learned Sessions Judge, however, levelled the charge of only Section 3(1)(xii) of the Act for the reasons best known to him. No levelling of the charge was made for any of the offences of the IPC.

2. The victim/prosecutrix was Km. Bindra Devi, an unmarried girl in her mid twenties. She was a Scheduled Tribe woman. The accused used to visit her house, where she lived along with her mother and one brother. PW3, the real uncle of the victim, has deposed that his house was adjacent to the house of the victim. It transpires that the victim hails from the lower economic strata of the society and used to reside in the hut shaped structure of her house, albeit having 2 to 3 separate portions. PW3 has stated that officials of hydel, forest and b