VIDYADHAR DEWANGAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) It is alleged that on 06.08.2002 at about 8 PM when the prosecutrix (PW-1) was returning home after answering the call of nature, the accused/appellant reached there, caught hold of her hands and expressed his desire to commit forcible sexual intercourse with her. She however somehow got rid of the accused/appellant and went home straight. Since at the relevant time her husband was not present in the house, the incident was not disclosed by her to anyone but as soon as her husband Kamluram (PW-2) returned home, she narrated the act of the accused/appellant to him. It is further alleged that on the next day husband of the prosecutrix went to the accused/appellant to make an enquiry as to how he had tried to outrage the modesty of his wife but instead of listening to him, the accused/appellant manhandled him and subjected him to beating with the help of slippers. It is also alleged that when the prosecutrix told the accused/appellant of making the incident public, he left her and ran away from the spot. Subsequently, on 08.08.2002 FIR (Ex.P-9) came to be lodged by the prosecutrix herself, on the basis of which offences under Sections 354, 355 and 323 IPC coupled with Section 3 (1) (xi) and 3 (1) (x) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for brevity the "Special Act") were registered against the accused/appellant. Both PW-1 and PW-2 were subjected to medical examination, and after completion of investigation charge-sheet was filed against the accused/appellant under the same sections for which FIR was reduced to writing. Charge was however, framed against the accused under Sections 354, 323 IPC and Section 3 (1) (xi) of the Special Act.

(2.) By the judgment impugned dated 25.11.2002 passed by the Special Judge (SC/ST), Bastar at Jagdalpur the accused/appellant has been convicted under Sections 354 and 323 IPC coupled with 3 (1) (xi) of the Special Act and sentenced to undergo RI for 1 year and 6 months with fine of Rs.1000/- under Section 354; RI for 6 months with fine of Rs.500 under Section 323 IPC and RI for 1 year and 6 months with fine of Rs.1000/- under the Special Act, plus default stipulations.

(3.) Counsel for the accused/appellant submits that even if the entire case of the prosecutrix is taken as it is, the offence alleged against the accused/appellant either under the Indian Penal Code or the Special Act are not made out against the accused/appellant. He submits that in fact the husband of the prosecutrix (PW-2) had gone to the house of the accused/appellant making a demand for mutton and when the same was not fulfilled by the accused/appellant, he got a false report lodged through his wife in an absolutely fabricated case. He submits that evidence of PW-1 and PW-2 contains number of exaggerations which render the case of the prosecution doubtful. As regards the offence under the Special Act, it is contended by the counsel for the accused/appellant that of course the prosecutrix hails from the the Scheduled Tribe category but there is not even an iota of evidence to show that the appellant put her honour at stake merely for the reason that she belonged to the said reserved category. He further submits that looking to the contradictions and omissions in the evidence of the witnesses in particular PW-1 and PW-2, the accused/appellant is entitled for acquittal by setting aside the judgment impugned.