NETRAM SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal arises out of the judgment and order dated 10.8.2010 passed by Special Judge, Rajnandgaon in Special Case No. 04/2009 convicting the accused/appellant under Section 376 IPC and sentencing him to undergo rigorous imprisonment for seven years and pay fine of Rs. 1000/-, in default of payment of fine to further undergo rigorous imprisonment for three months. Facts of the case in brief are that on 5.8.2008 at about 2.10 p.m. FIR Ex. P-3 was lodged by the prosecutrix (PW-5)-a minor girl aged about 14 years to the effect that on 4.8.2008 at about 8 p.m. she had gone to the house of the accused/appellant to watch TV and while getting back, accused/appellant caught hold of her, dragged her away to the backyard of one Nankuram, threw her on the field, removed her underwear and committed forcible sexual intercourse with her. It is alleged that when she tried to raise her cries, the accused/appellant had gagged her mouth. During the commission of offence mother of the prosecutrix is alleged to have reached the place of incident and on seeing her, accused/appellant ran away from there. After reaching home, she narrated the incident to her mother and brother and then the matter was reported to the police. Based on this FIR, offences under Sections 376 IPC and 3(1)(XII) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Act") were registered against him and after completion of investigation; challan was filed by the-police on 22.11.2008 for the said offences. Court below however framed the charges under Sections 376 IPC and 3(1)(XII) and 3(2)(V) of the Act.

(2.) In support of its case, prosecution has examined as many as 12 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the allegation made against him and pleaded his innocence and false implication in the case.

(3.) After hearing the parties, the Court below has acquitted of the accused/appellant of the charges under Sections 3(1)(XII) and 3(2)(V) of the Act but convicted and sentenced him as mentioned in paragraph No. 1 of this judgment.