LAV TELI Vs. STATE OF M.P.

JUDGEMENT

(1.) Since the aforesaid two criminal appeals arise out of the same judgment dated 17.01.1995 passed by Special Judge, Raigarh in Special Case No. 04/1994, they are disposed of by this common judgment.

(2.) By the judgment impugned the appellants have been convicted under sections 376(2)(g) Indian Penal Code and 3(1)(xi) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short the Act of 1989) and sentenced each of them to undergo rigorous imprisonment for ten years with fine of Rs.5000/- under Section 376(2)(g) Indian Penal Code and rigorous imprisonment for one year with fine of Rs. 1000/- under Section 3(1)(xi) of the Act of 1989, plus default stipulations.

(3.) Facts of case lying in a narrow compass are that on the basis of written report dated 10.01.1994 (Ex. P-12) FIR (Ex. P-13) was registered on the same day at about 1.15 p.m. alleging that on 08.01.1994 at about 6.30 p.m. when the prosecutrix - a deaf and dumb married lady aged about 24 years had gone to answer the call of nature, the accused/appellants came there and committed forcible sexual intercourse with her. According to the prosecutrix, she was first subjected to sex by accused/appellant Hiralal and then the said act was repeated by accused/appellant Lav Teli. It is alleged that after hearing the shrieks of the prosecutrix, her father-in-law namely Shalikram (PW-2) reached there and on seeing him the accused/appellants ran away from the spot. After completion of investigation, charge sheet was filed on 22.01.1994 and then the charges were framed by the Court below on 08.02.1994 under Sections 376 (2) (g) Indian Penal Code and 3(1) (xi) of the Act of 1989.