Heard the learned counsel for the appellant and the

learned High Court Government Pleader for the respondent

- State.

2.

The present appeal is filed by the accused, who

has suffered an order of conviction by the II Additional

Sessions Judge, Kalaburagi in Special Case (SC/ST)

No.3/2015 for the offences punishable under Section 448,

354, 324 of the Indian Penal Code, 1860 (for short 'IPC')

and under Section 3(1)(x) and (xi) of the Scheduled Caste

and Scheduled Tribes (Prevention of Atrocities) Act, 1989

[for short SC/ST (PA)Act] and sentenced as under:

3

Offences

Imprisonment

Fine

Default

sentence

Section 448

of IPC

Six

months

imprisonment

Rs.1,000/-

Simple

imprisonment

for 15 days

Section 354

of IPC

Six

months

imprisonment

Rs.1,000/-

Simple

imprisonment

for 15 days

Section 324

of IPC

Six

months

imprisonment

Rs.2,000/-

Simple

imprisonment

for one month

Section

3(1)(xi)of

SC/St

(PA)

Act

Six

months

imprisonment

Rs.2000/-

Simple

imprisonment

for one month

3.

Brief facts of the case are as under:

One Sangeeta lodged a complaint on 13.08.2014

contending that she is a widow belonging to Schedule

Caste Community and she has three children and two

children are with her and her first daughter is staying with

her mother. The accused who belonged to Lingayat Caste,

has been harassing her physically and mentally since two

years of lodging of the complaint and in furtherance

thereof, on 12.08.2014 at about 9.00 p.m., he illegally

trespassed into the house and harassed her physically and

mentally. Thereafter, he has confined her in a room and

4

assaulted with a wooden piece and she has sustained

injuries. It is also contended that he has threatened her

not to reveal the same to anybody and in case of

revelation of the said incident, he would take away her life.

Based on the said complaint, Ratkal police registered a

case in Crime No.84/2014 for the offences punishable

under Sections 448, 342, 354, 324 and 506 of IPC and

under Section 3(1)(xi) of SC/ST (PA) Act. Thereafter, the

police conducted the investigation and inter alia recorded

the further statement of the complainant, wherein, it has

been stated that in the room, the accused also abused her

by

taking

out

her

caste

name.

After

thorough

investigation, the police filed the charge sheet against the

accused for the aforesaid offences including Section

3(1)(x) of the SC/ST (PA) Act.

4.

The learned Special Judge on receipt of the

charge sheet, took cognizance of the aforesaid offences

and secured the presence of the accused persons.

Thereafter, following charges were framed:

5

"Firstly, on 12.8.2014 at about 9.00

p.m., at Ratkal village, you criminally tress-

passed into the house of CW-1 Sangeeta

complainant with the intention of committing

the offence and thereby committed an offence

U/Sec.448 of I.P.C and within my cognizance.

Secondly, that on the above said date,

time and place, you used criminal force on

her and tried to outrage her modesty and

thereby committed an offence punishable

U/Sec.354 of I.P.C and within my

cognizance.

Thirdly, that on the above said date, time

and place you assaulted complainant with the

rolling pin on her hand, lips, backside and all

side of body and caused her internal injuries

thereby committed an offence punishable

U/s.324 of I.P.C and within my cognizance.

Fourthly, on the above said date, time

and place you knowing well that the

complainant is the member of the

Schedule Caste you intentionally insulted her

by abusing her in a filthy language taking her

caste in order to humiliate her in the public

6

view and thereby committed an offence

punishable U/s.3(1)(x) of Scheduled Caste

and Scheduled Tribe (Prevention of Atrocities)

Act-1989, and within my cognizance.

Fifthly, on the above said date, time and

place you knowing well that the complainant is

a member of the Schedule Caste used criminal

force on her with intent to outrage her

modesty and thereby committed an offence

punishable U/s.3(1)(xi) of