BABLU Vs. STATE OF CHHATISHGARH

JUDGEMENT

(1.) C.L.Patel, Special Judge (Atrocities), Korba has in Special Sessions Case No. 08/2005 convicted the appellant- Bablu alias Uday under Sections 363, 366 and 376(1) of the I. P. C.and also under S. 3(l)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act). The appellant was sentenced to rigorous imprisonment for three years and a fine of Rs. 500/- and in default of fine to undergo additional rigorous imprisonment for three months under S. 363, I. P. C., to rigorous imprisonment for five years and a fine of Rs. 1000/- and in default to undergo additional rigorous imprisonment for six months under S. 366, I. P. C., to rigorous imprisonment for ten years and a fine of Rs. 2000/- and in default to undergo additional rigorous imprisonment for one year under Section 376(1), I. P. C. and to rigorous imprisonment for five years and a fine of Rs. 1000/- and in default to undergo additional rigorous imprisonment for six months under Section 3(l)(xii) of the Act. Hence, this appeal.

(2.) Briefly stated the prosecution story is that on 27-11-2004 at about 6.00 a.m. the prosecutrix P. W. 2, aged about 17 years, left her house in Yamuna Vihar, N. T. P. C. Jamnipali for going to the school. However, after attending school till 9.30 a.m. she left the school. Her school bag was taken by her classmate to teacher Smt. Mary Tigga P. W. 4 at 11.30 a.m. who informed S. Toppo P. W. 1, father of the prosecutrix that his daugther had left the school. Upon this, after searching in vain for his daughter, S. Toppo P. W. 1 lodged a missing person re- port at 11.00 p.m. on 27-11-2004 at P. S. Darri vide Ex. P. 11(C). A few days thereafter, on 2-12-2004 the prosecutrix called her residence by telephone from the S. T. D. booth of Munnavar Sheikh P. W. 5. B. Toppo P. W. 3, uncle of the prosecutrix, attended the call and asked the prosecutrix about her whereabouts. The prosecutrix told him that she was at Patna in Bihar. On being asked to return home or to give her adderss, the prosecutrix told him that she would return herself. Since the telephone at the residence of the prosecutrix at Bilaspur had a caller I.D., B. Toppo called the number and learnt that the call was made from S. T. D. P. C. O. Centre at Bilaspur. Earlier while the prosecutrix was making the call, Munnavar Sheikh P. W. 5 heard the prosecutrix saying that she was calling from Bihar which aroused his suspicion. He saw that a girl was sitting with a boy inside the S. T. D. P. C. O- and asked Birbal Chouhan to follow the girl and to find out where she went. Birbal Chouhan P. W. 6 followed the appellant and the prosecutrix and saw them entering a house in village Lawar and returned to the S. T. D. P. C. O. and informed Munnavar Sheikh P. W. 5 accordingly.

(3.) In the meanwhile, B. Toppo P. W. 3 informed the Police on telephone which contacted the S. T. D. P. C. O. Munnavar Sheikh informed the Police that the boy and girl were in village Lawar. On the same night i.e. 2-12-2004, the prosecutrix and the appellant were found by the Police in the house of one co-accused Bhagirathi who has been acquitted. Upon a written complaint made by S. Toppo vide Ex. P. 1, Dehati Nalishi Ex. P. 1(A) was lodged on 2-12-2004 at 6.00 p.m. On 2-12-2004 at 11.00 p.m., the prosecutrix was recovered from the house of Bhagirathi where she was present in company of the appellant. Panchanama Ex. P. 8 was prepared. F. I. R. was registered at Police Station Darri vide P. 1(B) on 3-12-2004.