(1.) The present appeal has been preferred against the judgment of conviction and order of sentence dtd. 5/3/2001 passed by the learned Special Judge, Special Court, Raipur (C.G.) under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, whereby the appellant has been convicted and sentenced as under:- <FRM>JUDGEMENT_56_LAWS(CHH)8_2022_1.html</FRM>
(2.) Brief facts of the case are that on 23/11/199, the accused/appellant kidnapped the minor girl/prosecutrix and took her to his relative Parasram Sahu's house knowingly that she belongs to Scheduled Caste Community and committed sexual intercourse with her against her will. The father of the prosecutrix lodged missing report of her daughter. On search being made, the prosecutrix was recovered from the possession of the appellant, thereafter FIR was registered against the accused/appellant. After completion of investigation, the charge sheet was filed and the charges were framed against the appellant for the aforesaid offences.
(3.) In order to prove the guilt of the accused/appellant, the prosecution examined as many as 10 witnesses. Statement of the accused/appellant was also recorded under Sec. 313 of CrPC, in which he denied the circumstances appearing against him in the prosecution case, pleaded innocence and false implication. The accused/appellant did not examine any witness in his defence.