NANKIDAU Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) These appeals are directed against, the judgment dated 21st August, 1996 passed in Special Criminal Case No. 258/96 by the Additional Judge to the Court of Session Judge, Bilaspur and Presiding Officer, Special Court under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bilaspur. By the impugned judgment, the appellants have been convicted and sentenced in the following manner with the direction to run the sentences concurrently:

(2.) The facts briefly stated, are as under:

(3.) Mr. Arun Kochar, learned counsel appearing on behalf of the appellants, argued that there is inordinate delay in lodging the F.I.R. (Ex.PI); the version of the prosecutrix (PW1) does not appear to be reliable; the prosecutrix (PW1) did not disclose the incident to anyone for 2 days; even she did not disclose the incident to her husband who was admittedly present in the house; medical evidence and the FSL report do not support the version of the prosecutrix (PW1); on her overall conduct, possibility of her being a consenting party cannot be fully ruled in this case; therefore, conviction cannot be sustained.