STATE OF CHHATTISGARH Vs. RAMCHANDRA SAHU

JUDGEMENT

(1.) This appeal has been preferred by the appellant/State under Sec. 378 of the Code of Criminal Procedure, 1973, questioning the legality and propriety of the judgment dtd. 17/03/2017 passed by the Special Judge (under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989) Baikunthpur, District Korea (C.G.) in Special Session Trial No.11/2016, whereby, the respondent has been acquitted with regard to the offence punishable under Ss. 376(2)(l) of IPC read with Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Atrocities Act").

(2.) Briefly stated, the case of the prosecution is, that on 08/12/2015, a report was lodged by the prosecutrix before the Police Station Khadgawa of District Korea, alleging therein, that on the date of incident, i.e., 06/12/2015 at about 11:00 AM, when she was collecting woods from 'Chopan Jungle', the respondent/accused- Ramchandra Sahu @ Kauwa reached there and caught hold of her and took her to 'Ratanjot Jungle' side and has committed sexual intercourse with her forcefully and, one Mankuwar Markam, who was present there, while roaming her goats, has seen the respondent taking her towards the jungle. It is alleged further that she disclosed the alleged incident to her mother, when she reached while searching her and, thereafter informed the alleged fact to her father as well.

(3.) Based upon the aforesaid report, an FIR (Ex.P-3) was registered by the concerned Police Station on 08/12/2015 in connection with Crime No.210/2015 against the respondent with regard to the offence punishable under Sec. 376 of IPC read with Ss. 3(1) (xii) and 3(2)(v) of the Atrocities Act and, during investigation, the prosecutrix was examined by Dr. Rajshri Singh (PW-6) on 08/12/2015, who has submitted her report (Ex.P-6), opining that she is mentally ill and has seen the symptoms of forceful sexual intercourse, which was committed upon her within 48-72 hours and for STD, HIV and confirmation of her mental status, she was referred to the District Hospital, Baikunthpur and the said test was conducted by Dr. Satish Shrivastava (PW-9) of State Mental Hospital, Sendri, Bilaspur, who vide his report (Ex.P-11) found that she is suffering from mild mental retardation (clinically with psychosis) and, the undergarment of the prosecutrix was seized vide Ex.P-13 on 08/12/2015 alongwith her slides, while undergarment of the respondent/accused on 09/12/2015 vide Ex.P-14 and, were sent for chemical examination vide memo dtd. 18/12/2015 (Ex.P-5) and the FSL report (Ex.P-19) was, accordingly, placed on record, wherein, human sperm was found on the undergarments of the prosecutrix as well as the respondent/accused, but was not found to be sufficient for its serological test. After completing the usual investigation, as such, a charge-sheet was submitted before the Special Judge, Baikunthpur, where the charge has been framed against the respondent for the offence punishable under Sec. 376(2)(l) of IPC read with Sec. 3(2)(v) of the Atrocities Act and, the charges, so framed, were denied by him and claimed to be tried.