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CASE NO.: Appeal (crl.)  334 of 2008

PETITIONER: LAXMAN

RESPONDENT: STATE OF M.P. & ANR.

DATE OF JUDGMENT: 18/02/2008

BENCH: CJI K.G. BALAKRISHNAN & R.V. RAVEENDRAN

JUDGMENT: JUDGMENT

O R D E R ( arising out of SPECIAL LEAVE PETITION (CRL.)NO.1772 OF 2004)

1.      Leave granted. Delay condoned. 2.      Heard learned counsel for the appellant and counsel for the State. 3.      The appellant was tried by the Special Judge, Gwalior (M.P.) for offences punishable   under Section 354 I.P.C. and Section 3(1)(11) of the Scheduled Castes & Scheduled Tribes  (Prevention of Atrocities) Act and was sentenced to undergo six months rigorous  imprisonment with a fine of Rs.300/-.  The case against the appellant was that he caught hol d  of the hands of the Prosecutrix (PW 1). who belonged to a Schedule Caste, kissed her and  fondled her.   4.      Learned counsel for the appellant submitted that the Prosecutrix  was not a member  of Scheduled Caste.  He has produced the order issued by the District Collector, Gwalior to  

the effect that Maruti Rao (father of the    prosecutrix -PW 2) was not a member of Schedule d  Caste and the Caste Certificate issued in his favour was cancelled.   5.      The learned Counsel for the State submitted that PW 1 and PW  2   gave evidence  that they belonged to Scheduled Caste and that was not controverted at the time when they  were examined.  It is quite possible that the appellant also assumed that PW 1 and 2 to be   members of a Scheduled Caste in view of the then certificate but later came to know that the   prosecutrix  was  not a  member of a Scheduled Caste.  Therefore, the offence under Section  3(1)(11) is not  sustainable.  What remains proved is only the offence under Section 354  I.P.C. relating to outraging of  modesty. 6.      The appellant was hardly 18 years of age when the incident occurred.  He has  undergone imprisonment for a period of 15 days. Having regard to the facts and  circumstances, the age of the prosecutrix and the accused, we are of the view that the  sentence of imprisonment for six months should be modified to what   is   already undergone  by the appellant subject, however, to increase in the  fine imposed, from Rs.300/- to  Rs.10,000/-. The appellant shall deposit the fine of Rs.10,000/- before the Special  Judge,  Gwalior within a period of   a month  failing which the appellant shall undergo  further  imprisonment for a period of  three months.  The  said fine amount shall  be paid to Prosecu trix  by the Special  Judge.                 The appeal is disposed of accordingly.