Ashok Kumar Tiwari, J.

( 1. ) Appellant herein stands convicted under Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocity) Act, 1989 (for short the Act) read with Section 354 of Indian Penal Code and under Section 506 of Indian Penal Code vide judgment passed by 4th Special Judge, Ujjain in Special Sessions Trial No. 27/97 on 26-5-1998.

( 2. ) Briefly stated, the prosecutions case is that the prosecutrix (PW 1) is a Chamar by caste and belongs to Scheduled Caste or Scheduled Tribe community. Appellant is Anjana by caste and he is not a member of Scheduled Caste or Scheduled Tribe community. On the date of incident, prosecutrix (PW 1) had gone to field of Kacharulal to cut his crop of JUWAR and in the evening at about 5.00 p.m.; she was returning from there to her village, then near the temple of GANPATI, appellant arrived there and he caught hold of her hand and he tried to drag her towards the temple. On hearing cries raised by the prsoecutrix (PW 1), Dhapubai (PW 3) and one woman reached on the spot. Then appellant fled away from the spot. Prosecutrix (PW 1) first went to house of Dhapubai with her and from there she went to her house. When her h