KEJURAM YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against judgment dated 14-1-2004 passed by Special Judge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act 1989'), Raipur in Special Case No. 1/2003. By the impugned judgment, accused/appellant-Kejuram Yadav has been convicted under Section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for 7 years and to pay fine of Rs. 1,000/-, in default of payment of fine, to further undergo rigorous imprisonment for 3 months. Case of the prosecution, in brief, is as under:-

(2.) Shri Shivendu Pandya, learned Counsel for the appellant argued that the appellant has been falsely implicated by the prosecutrix (P.W. 4). He further argued that evidence of prosecutrix (P.W. 4) is not trustworthy. The evidences of prosecution witnesses are not cogent and reliable. Her testimony is full of contradictions. Therefore, it is not safe to rely upon the evidence of prosecutrix (P.W. 4). The appellant deserves to be acquitted. He placed reliance on Pavinder Ahluwalia Vs. State of M.P. and another, 2010 1 MPHT 13 and Joseph s/o Kooveli Poulo Vs. State of Kerala, 2000 AIR(SC) 1608

(3.) Shri Sandeep Yadav, learned Deputy Government Advocate for the State/respondent, supporting the impugned judgment, submitted that the conviction and sentence awarded by the learned Special Judge do not warrant any interference by this Court.