VIDHYADHAR YADAV Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal filed by the appellant-accused under Sec. 374(2) of the Code of Criminal Procedure, is directed against the impugned judgment of conviction and order of sentence dtd. 18/11/2022 passed by learned Special Judge [under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act,] Raigarh Distt. Raigarh (CG) in Special Criminal Case (under the Atrocities Act/21/2021, CNR-CGRG010006862021, whereby the appellant-accused has been convicted and sentenced in the following manner:

(2.) As per the prosecution story, the appellant and the prosecutrix are residents of same village. In the year 2016, the appellant proposed the prosecutrix that he love her but the prosecutrix told him that they both belong to different caste however, the appellant did not agree and used to talk to her and also promised to marry her, subsequently they fell in love relation. On 17/1/2016, the appellant called the prosecutrix beside the forest area located some distance away from her house and on the pretext of marriage, established physical relationship with her. Thereafter the appellant physically abused the prosecutrix many times. In December 2020 due to physical relation between the parties, the proseuctrix became pregnant and she informed about this to the appellant. The appellant forced the prosecutrix to terminate her pregnancy, else threatened to kill her, also told her that if she aborts her pregnancy, he would marry her and also administered her tablets to terminate her pregnancy, which was ultimately terminated. Thereafter he refused to marry her and he was trying to marry some other girl. In this regard the prosecutrix filed a written complaint (x-P/3) before police in Police Chowki Rairumakhud and unnumbered FIR (Ex-P/4) has been registered against the appellant under Sec. 376 and 506 IPC and also registered FIR (Ex-P/14) at Police Station Dharamjaigarh, thereafter police started investigation.

(3.) During investigation, the prosecutrix was medically examined vide Ex-P/2 and vaginal slides were prepared, spot map was prepared, caste certificate of the prosecutrix was seized, statement of the prosecutrix under Sec. 164 CrPC was recorded, statement of the witnesses were recorded, appellate was arrested, he was also examined vide ex-P/1 by doctor who also prepared two semen slides of the appellant which was seized by the police, seized vaginal slides and semen slides were sent for chemical examination to FSL and FSL report was received vide Ex-P/19. After completing the investigation, charge sheet was filed against the appellant under Sec. 376, 506 IPC and Sec. 3(1)?(1) and 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act (for short the Atrocities Act) before Special Court/ trial court.