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2003 Supreme(Ori) 843

DORAISWAMY RAJU, ARIJIT PASAYAT
Vidyadharan – Appellant
Versus
State of Kerala – Respondent


JUDGMENT

ARIJIT PASAYAT, J. — Appellant faced trial for alleged commis¬sion of offences punishable under Sections 354 and 448 of the Indian Penal Code, 1860 (for short the ‘IPC’) and Section 3(1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short the ‘Act’). He was convicted and sentenced to undergo three months and six months custodial sen¬tence for offences relatable to Section 448 IPC and Section 3 (1) (xi) of the Act respectively. No separate sentence was imposed for the other offence. Aforesaid conviction and sentence was affirmed by the High Court.

2. Prosecution case which led to the trial is essentially as follows :

2.1 While the victim (PW-1) was alone in her house on 1.10.1992 at about 2 p.m. the accused entered into her house, went to the kitchen where she was cooking and attempted to catch hold of her hand, that when she attempted to escape from him by running to the front room and attempting to close the door, the accused followed her, opened the door forcibly and caught hold of and grasped her, when she made a hue and cry her brother PW-3 and other witnesses including PW-2 came there, and at that time the accused left PW-

































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