ASMATI Vs. SUKHU ALIAS SUKUL AND ANOTHER

JUDGEMENT

(1.) Criminal Revision Nos. 58/2002 and 59/2002 filed on behalf of applicant/victim under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (for short 'the Code') against the judgment of acquittal passed in Sessions Trial No.231/98 relating to Sukhu @ Sukul and in Special Case No. 12/2000 relating to Bude dated 27.12.2001, whereby both the respondents have been acquitted of the charges, are being disposed of by this common order.

(2.) By filing Criminal Revision No. 58/2002, applicant/victim has challenged the legality and propriety of the judgment of acquittal dated 27.12.2001 passed by the Additional Sessions Judge, Surguja at Ambikapur in Sessions Trial No.231/98 relating to Sukhu, whereby Court below has acquitted the respondent No.1 of the charge under Section 376 (2) (g) of the IPC. By filing Criminal Revision No.59/2002, applicant/victim has challenged the legality and propriety of the judgment of acquittal dated 27.12.2001 passed by the Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Ambikapur, in Special Criminal Case No. 12/2000 relating to Bude, whereby Court below has acquitted the respondent No.1 of the charges under Sections 376 (2) (g), 366-A of the IPC and Section 3 (ii) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act).

(3.) As per the case of prosecution, two weeks prior to 04.05.1998 at about 01:00 pm, prosecutrix/petitioner Asmati (PW/1) was present in her house. Respondent No.1 Sukhu @ Sukul came and told that her friend is calling her, thereafter she came out of her house where she saw co-accused Bude, they dragged her to the house of Ramsai where they committed forceful sexual intercourse with her without her will and consent. She came back to her house at morning and narrated the incident to her parents. They tried to convene the panchayat meeting but they could not succeed. On 04.05.1998 at about 1:00 pm, respondents Bude and Sukhu @ Sukul again came and tried to commit same offence, thereafter, she went to police station, Bacheli and lodged First Information Report vide Ex.P/7. She was sent for medical examination to Govt. Hospital, Ambikapur, where she was examined by Dr. (Mrs.) Shashi Prabha Jaiswal (PW/7) and following symptoms were found:-