RATANLAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant is an appeal against the judgment dated 28.8.2000 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Ambikapur in Special Criminal Case No.46 of 2000 convicting and sentencing the Appellant as under: Conviction Sentence Under Section 376 of the Rigorous Imprisonment for 7 Indian Penal Code years

(2.) Facts of the case, in brief, are that on 6.2.2000, the prosecutrix (PW1) and her husband Sanjhuram (PW2) had gone to weekly market of Village Kedma for purchasing vegetables. While returning from the market, instead of directly going to their village, they went to Village Biniya for consuming liquor. When they were returning, it is alleged that the Appellant proposed them to stay at his house. They stayed at his house for sometime and thereafter proceeded for their village. The Appellant also followed them saying that he would accompany them till their reaching to their village. On the way, near the school of Village Raidand, the Appellant assaulted the husband of the prosecutrix and dragged her away and committed rape with her. It is alleged that at that time, the Appellant committed rape with the prosecutrix twice. Due to fear, she went to her maternal house. Later on, she narrated the incident to one Ronha and Sarpanch Sukhiram (PW3). On 5.3.2000, First Information Report (Ex.P1) was lodged by the prosecutrix. On 6.3.2000, she was medically examined by Dr. (Smt.) Shipra Shrivastava (PW4). Her report is Ex.P2 in which she has stated that she did not find any external injury on the body of the prosecutrix nor did she find any injury on her private part and she opined that as the prosecutrix was well habitual to sexual intercourse, any opinion could not be given regarding the intercourse committed with her about a month before. Statements of witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge- sheet was filed against the Appellant under Section 376 of the Indian Penal Code and Section 3(1)(xii) of the Act of 1989. Charges were framed against him under Section 376 of the Indian Penal Code and Section 3(2)(v) of the Act of 1989.

(3.) In support of its case, the prosecution examined as many as 6 witnesses. Statement of the Appellant was recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded that he has been falsely implicated in the case due to village politics. No witness has been examined in his defence.