1. The appellants have preferred this appeal against the judgment and conviction dated 12.1.1996 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act Shahdol in Special Case No.36 of 1994 whereby the appellant Munna Singh was convicted for offence punishable under section 354 of IPC and senction 3(1)(xi) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter it is referred as the “Special Act”) and sentenced for six months rigorous imprisonment with fine of Rs.200/-. The appellant Munna Singh has also to undergo additional sentence for one month’s rigorous imprisonment in default of payment of fine whereas, the appellant Bhaiyalal was convicted for offence punishable under section 323 of IPC and sentenced for six month’s rigorous imprisonment.

2. Prosecution’s case in short is that on 14.1.1994 at about 4:00 p.m. in the evening the prosecutrix (PW1) came to her house situated in the outskirts of village Mauhari, Police Station Bijuri, District Shahdol from her field. After some time the appellants came to her house and asked about her husband. Thereafter, the appellant Munna Singh held the right hand of the victim and tried to pull her in the house. He