SURESH RAM VISHVAKARMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) of CrPC has been preferred by the appellant herein against the impugned judgment dtd. 06/02/2014 passed by learned Special Judge, the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Jashpur in Special Case No. 33/2013 whereby he has been convicted for offences punishable under Sec. 376(2)(i) of IPC (omitted by Amendment Act 22 of 2018 w.e.f. 21/04/2018), Sec. 6 read with Sec. 5(i/k/m) of Protection of Children from Sexual Offences Act, 2012 (in short, 'Act of 2012'), and Sec. 3(i)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, 'Act of 1989') and sentenced to undergo R.I. for 14 years with fine of Rs.50000.00 in default of payment of fine additional R.I. for 2 years and R.I. for 5 years with fine of Rs.5000.00 in default of payment of fine additional R.I. for 1 year, respectively, directing both the sentences to run concurrently.

(2.) Case of the prosecution, in brief, is that on 22/04/2013 at about 3 PM at Village Ghumra, Bhursapara within the ambit of Tapkara Police Station, the appellant herein committed sexual intercourse with the minor victim without her consent, knowing fully well that she is a member of Scheduled Tribes community and thereby, committed the aforesaid offences.

(3.) Further case of the prosecution is that on 28/04/2013 at about 1 PM, Smt. Savitri Painkra (P.W.-2) lodged a report at Police Station that on the date of the incident, she had gone towards the forest to collect wood and when she returned home at about 5 PM, her daughter informed her about the incident. On that basis, first information report was lodged vide Ex. P/1 and victim (P.W.-1) was subjected to medical examination which was conducted by Dr. Mamta Sai (P.W.-8) and in the MLC report (P.W.-9), the Doctor had opined that the victim had undergone sexual assault. After due investigation, the appellant was charge-sheeted for offences punishable under Ss. 376(2)(i) and 506(II) of IPC, Sec. 5(i/k/m) of the Act of 2012 and Ss. 3(2)(v) and 3(1)(12) of the Act of 1989 which was committed to the Court of Special Judge for trial in accordance with law. The appellant abjured his guilt and entered into defence.