This Appeal is directed against the judgment of

conviction and order of sentence dated 11.05.2016 passed in

Special Case No.27/2014 by the II Additional Sessions & Special

Judge, Vijaypur, which reads as under;

“ Accused I hereby convicted U/s.235 (2) of

CrPC for the offences punishable U/s.354-B, 506

of IPC.

Accused is hereby acquitted U/s. 235(1) of

CrPC for the offences punishable U/s.504 of IPC

and Sec.3(1) (x) & (xi) of Scheduled Castes and

Scheduled Tribes (Prevention of Attrocities) Act,

1989.

Bail bonds of accused and that if his surety

stand cancelled.

For hearing on sentence.”

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Heard Sri G.G. Chagashetti, learned counsel for the

appellant and Sri Gururaj V. Hasilkar, learned High Court

Government Pleader for the first respondent - State and Sri

Sanjay A. Patil, learned counsel for the respondent No.2 and

perused the records.

3.

When the matter was taken up for hearing, the

learned counsel for the appellant submitted that post the

incident and post the judgment, since the defacto complainant

and accused are hailing from the same village and at an

unfortunate moment, the incident has occurred and the parties

have re-dressed their grievances and want to lead a peaceful

life in future. In this regard, he has also filed a joint memo,

which reads thus:

“

The

undersigned

Advocates

for

their

respective parties have filed this joint memo as

under;

1.

The appellant is convicted for offences

punishable

U/Sec.

354-B

of

IPC

and

is

sentenced to undergo R.I for 3 years and to pay

a fine of Rs.5000/- in default further the

appellant is convicted for the offence punishable

U/Sec.506 of IPC and sentenced R.I for 1 year,

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by the Judgment of conviction and sentence

dated: 11/12-05-2016 passed in Special Case

No. 27/2014 by the Curt of II Addl. Sessions

and Special Judge, Vijayapura. The present

appeal is filed by the appellant challenging the

Judgment

of

conviction

and

sentence

dated:11/12-05-2016. The present appeal is

admitted an appellant is granted bail by

suspending the sentence passed by the Trial

Court.

2.

Since

Appellant

and

respondent

No.2/de-facto complainant have entered into a

compromise on the advice of their elders in the

family and have further resolved their disputes,

now

that

the

de-facto

complainant

has

voluntarily appeared before this Hon’ble Court

and has filed a separate affidavit with regard to

compromise and settlement between the parties

and has further no objection to acquit the

appellant of all charges or reduce the sentence

suitably as deemed fit by this Court.

3.

The

appellant

has

also

entered a

independent affidavit to show his bonafides and

reporting settlement between himself and the

2^nd

respondent

which

has

ended

up

in

compromise voluntarily expressed by both the

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parties and also on the advice of their elders in

the family and further that, both have settled in

their life and leading a happy normal life in the

society.

Hence, joint is filed by both the parties

with their respective Advocates by taking their

signatures as indicated below.”

4.

Accused/appellant

Paramanna

present.

Smt.

Shanthamma S. Talwar, defacto complainant present. Her

husband is also present. The contents of the joint memo are

explained to the parties in Kannada language. They admit that

the contents of the joint memo are drafted as per their will and

wish and on their volition and there is no force, coercion or

undue influence in filing the joint memo.

5.

The State has not preferred any appeal challenging

the impugned judgment and order of acquittal of the

accused/appellant for the offence under the provisions of the

Scheduled

Castes

and

Scheduled

Tribes

(Prevention

of

Atrocities) Act in the impugned judgment. Therefore, the

finding of the learned Trial Judge in that regard has become

final.

- 6 -

6.

In this regard, it is relevant to extract Section 354

B of IPC, which reads as under:

“ 354-B. Assault or use of criminal force to

woman with intent to disrobe. - Any man who

assaults or uses crimin