DINESH ALIAS BUDHHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Leave granted.

(2.) An eight years old girl was sexually ravished by the appellant is what was alleged and for that the appellant faced trial. The victim suffered ignominy on 5-2-1998. The appellant has been found guilty of offence punishable under Section 376(2) of the Indian Penal Code, 1860 (in short the IPC) read with Section 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short the Atrocities Act). The appellant was directed to undergo imprisonment for life and to pay a fine of Rs. 1,000/- and the State was directed to pay a compensation of Rs.50,000/- to the victim.

(3.) Background facts are essentially as follows: On 5-2-1998 the victim had gone to witness a marriage procession in the night. When she was coming back to her house in the night at about 12 O clock the accused sexually assaulted her. She was threatened that if she disclosed about the incident to anybody, she would be killed. Suffering from the acute pain the victim told her sister, mother and grandmother about the incident. The matter was reported to the police. The accused person was arrested; medical tests were conducted both in respect of the accused and the victim, and after completion of investigation charge-sheet was filed. The Trial Court found the accused guilty of the offences charged under Section 376(2), IPC and Section 3(2)(v) of the Atrocities Act and sentenced him. The appeal before the Rajasthan High Court, Jaipur Bench, did not bring any relief to the accused.