ANAND PRAKASH MISHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The Appellant calls in question the legality, validity am propriety of the judgment and order dated 27.12.2006 passed by Special Judge constituted under the Scheduled Caste and Scheduled Tribe (Prevention of Atreeities) Act] {for brevity "the Act"}, Bilaspur, in Special Case No. 65/2004 convicting him for the offence punishable under Section 376 IPC and sentencing to undergo rigorous imprisonment for seven years and pay fine of Rs. 200. in default of payment of fine to further undergo rigorous imprisonment for or. year.

(2.) Factual matrix in narrow compass goes thus. On 16.3.2004 a written report Ex. P-9 was lodged by the prosecutrix (PW-14) aged about of years at the relevant time, to the effect that the accused/Appellant with was the classmate of her brother Abhishek Badge (PW-3) in Engineering College, Bilaspur and staying in her house, used to subject her to rape since November 2003, as a result of which she was carrying the pregnancy of three and a half months. Based on this written report, FIR (Ex. P-7) was registered against the accused/Appellant for the offences under Sections 376 IPC as well as 3(2)(v) and 3(1)(XII) of the Act and after completion of investigation, chullan was filed by the police on 31.3.2004 for the said offences.

(3.) So as to hold the accused/Appellant guilty, prosecution has examined as many as 16 witnesses in support of its case. Statement of the abused/ Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and took the plea of his innocence and false implication in the case.