ASHOK KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 15.3.2002 passed by Special Judge and Additional Sessions Judge Durg in Special Case No. 36/2000 convicting the accused/appellant under Sections 376 and 450 IPC and sentencing him to undergo rigorous imprisonment for seven years and three years respectively on each count.

(2.) FACTS of the case in brief are that on 21.12.1998 at 12.05 after noon FIR Ex. P-1 was lodged by the prosecutrix - a married lady aged about 29 years at the relevant time alleging that on 20.12.1998 at about 3 p.m. she was in her house along with her niece and that her husband had gone to graze the goats. It is alleged that when she was cooking food in her house, accused/appellant came there and asked her as to what vegetable she had cooked. Accused/appellant is also said to have asked about her other family members and when she told him that her husband had gone to graze the goats and her mother-in-law and father-in-law to field, he gave 50 paise to her niece and sent her to buy the chocolate. After her niece left the house, accused/appellant went to her, after catching hold of her he took her to the other room, when she tried to raise her voice he pressed her mouth and then after upturning her clothes committed bad work (forcible sexual intercourse) with her after making her lie on the ground. It is also alleged that when the prosecutrix started weeping, the accused/appellant offered her Rs. 20/- and asked her not to disclose the incident to anyone and then after leaving the money there he left the spot. Thereafter, in the evening when her husband, father-in- law and mother-in-law returned home, she narrated the incident to them. The prosecutrix is also said to have informed the incident to the persons present in the village meeting and then the matter was reported to the police on the next day. Based on this FIR, offences under Sections 452 and 376 IPC and 3 (1) (XII) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Act") were registered against the accused/appellant. Prosecutrix was medically examined on 22.12.1998 vide Ex. P- 6 by Dr. Brinda Mandge (PW-6). After completion of investigation, charge sheet was filed by the police on 13.1.1999 for the offences under Sections 452 and 376 IPC and 3 (1) (XII) of the Act. However, the Court below framed charge against the accused/appellants under Section 450, 457, 376 (1), 323 and 506 (II) IPC and charges were also framed by the Court under these sections.

(3.) AFTER hearing the parties, the Court below has acquitted the accused/appellant of the charge under section 3 (1) (XII) of the Act but convicted and sentenced him as mentioned in paragraph No.1 of this judgment.