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(17.02 .2010) This appeal is directed against the judgment dated 31.1.2000 passed by Special Judge, Bilaspur in Special Criminal Case No. 63/1998 convicting the accused/appellant for the offence punishable under Section 354 of the Indian Penal code and sentencing him to undergo rigorous imprisonment for two years and pay fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for two months.

2. Case of the prosecution in brief is that on 2.10.1998 at about 10 a.m. FIR (Ex. P-1) was lodged by the prosecutrix (PW-1) aged about 11 years at the relevant time alleging that in the intervening night of 1 and 2 .10.1998 when her sister and father had gone to see a dance programme and she was sleeping in her house, the accused/appellant entered her house, took out her underwear and tried to insert his penis into her anus. It is alleged that while doing that act, mouth of the prosecutrix was gagged by the accused/appellant. Meanwhile, father of the prosecutrix namely Dilmohan (PW-2) reached there and on seeing him the accused/appellant ran away. After investigation, the police filed the challan against the accused/appellant for the offences under sections 376/511 IPC and section 3(2) (5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.

8. The prosecutrix in her Court statement has categorically stated that when she was sleeping in her house, accused/appellant came there and tried to remove her underwear. She has further stated that while the accused/appellant was removing her underwear, she got awake and when she tried to get up, he pressed her mouth with his hands on account of which she could not raise her voice. Thereafter, accused/appellant removed her underwear and tried to insert his penis into her anus but he did not succeed in doing so. According to her, at that time her father reached there and when he knocked at the door, the accused/appellant ran away. She has stated that when her father asked her as to why she was weeping, she disclosed the entire incident to him. Dilmohan Sidar (PW-2) - the father of the prosecutrix has fully supported the case of the prosecution and stated that on the date of incident he had gone to watch the dance programme. According to him, at about 2/2.30 a.m. when the dance programme had started, he went home to bring the prosecutrix also to watch the said programme and when he reached home, the light of the house was off and door of the house lay open. When he switched on the light, he found the prosecutrix weeping and when he asked her as to why she was weeping, she told the entire incident to him. Dr. (Smt.) N.D. Ram (PW-9) who examined the prosecutrix has categorically stated that there was swelling and tenderness in her anus and on touching the same she was complaining acute pain. She has opined that tenderness on the anus of the prosecutrix could be due to unnatural intercourse also.