MAHESH PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the impugned judgment and order dated 21.12.2004 passed by Special Judge SC & ST Act, Bastar, in Sessions Trial No. 232/2004 convicting the accused/appellant for the offence under Section 497 IPC and sentencing him to undergo rigorous imprisonment for five years.

(2.) BRIEF facts of the case are that on 27.05.2004, FIR Ex. P-1 was lodged by the prosecutrix (PW-1) - a married lady aged about 23 years alleging in it that her marriage was solemnized with Amar Singh on 17.05.2004 at her village Siyarinala and after marriage she was residing with her husband at Barkai. She has alleged that on 26.05.2004 the appellant who is a tailor by profession of her village Siyarinala had come to her in-laws house, had a dinner with her husband and slept in a cot along with her husband whereas she was sleeping on the floor of the said room itself. She has further alleged that at about 11 p.m. the accused/appellant committed sexual intercourse with her and while he was doing the said act, initially she was under the bona-fide belief that it was her husband who was performing sex with her but the moment she came to know that it was accused/appellant who was committing sex with her, she raised her voice then her husband rescued her. On the next day the villagers were called and in the village meeting the appellant had confessed about the commission of offence and then the report was lodged. After investigation the challan was filed by the police on 28.06.2004 for the offence under Sections 376 and 506 IPC and Section 3 (1) (XII) of SC/ST Act and on 28.09.2004 the learned Special Judge has framed the charges against the accused/appellant under Sections 376 (I) and 506 (II) of IPC.

(3.) BY the impugned judgment, the learned trial Court has acquitted the accused/appellant of the offence under Section 376 (1) and 506 (2) of IPC but has convicted for a minor offence under Section 497 of IPC and sentenced him as mentioned above.