BHUPENDRA ALIAS MOTA PATLE Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS criminal appeal is directed against the judgment of conviction and order of sentence dated 5th october, 2001 passed by the learned Special Judge under the Scheduled Castes and scheduled Tribes (Prevention of Atrocities)Act, 1989 in Special Sessions Trial No. 2/2000 whereby the learned Special Judge has convicted the appellant under Sections 342 and 376 of the Indian Penal Code (for short 'ipc') and sentenced him to undergo r. I. for 6 months and R. I. for 10 years and to pay a fine of Rs. 10,000, in default of payment of fine to undergo additional R. I. for 6 months respectively.

(2.) CASE of the prosecution, in brief, is that on 28. 1. 2000 at about 1400 hrs the prosecu-trix (PW1) belonging to Scheduled Caste community lodged a report in the Police station Gobra, Nawapara mentioning therein that on that day at about 12. 00 noon the appellant gave her Rs. 10 to bring envelope from the shop, whereupon she went to his house with the envelope. However, while she was returning, the accused dragged her, made her lie on the bed, closed the door, gagged her mouth with the help of his hand and raped her after undressing her. She returned to her home weeping and narrated about the incident to her Bhabi Santra Bai, mother Kerabai and thereafter has come to lodge the report with her parents.

(3.) DURING investigation the prosecutrix was sent for medical examination to Lady doctor, Navapara where Dr. (Smt.) Sarla jaiswal (PW7) examined her and gave her report of Ex. P3. Wearing apparels of the prosecutrix i. e. underwear and frock were taken into possession vide Ex. P2 and the same were sent for examination to the doctor, whereupon, Dr. (Smt.) Sarla Jaiswal (PW7) referred the clothes for chemical examination vide Ex. P4. Appellant was also sent for medical examination vide Ex. P5 and the same was admitted by the appellant during trial. The prosecutrix was referred to the medical college for examination and her medico legal examination report is Ex. P6 and this document has also been admitted by the appellant during trial. Caste certificate (Ex. P10) of the prosecutrix was also seized. Underwear of the accused was seized vide Ex. P16 and pieces of cloth and bed-sheet were seized from the appellant vide Ex. P17. Seized articles being underwear of the accused, underwear, frock and vaginal slides of the prosecutrix were sent for chemical examination to Forensic science Laboratory, Raipur and the report of Forensic Science Laboratory dated 25. 4. 2000 is available on record.