PUNAURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.6.2010 passed by Sessions Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short 'the Act 1989') Bastar at Jagdalpur (CG) in Session Trial No.141/2009 wherein the said Court convicted the appellant for commission of offence under Sections 457, 376(1) of the Indian Penal Code and under Section 3(1)(xii) of the Act 1989 and sentenced him to undergo rigorous imprisonment for three years and to pay fine of 500/-; RI for seven years and to pay fine of R.500/-; RI for two years and to pay fine of Rs.500/- with default stipulations.

(2.) In the present case, prosecutrix is PW-4. As per the prosecution case, on 03.9.2009 in the night the prosecutrix and her one year old child were alone in the house situated at village Negiguda. The appellant entered into the house in the night and committed sexual intercourse with her without her will and consent. As the prosecutrix is Bhatra by caste which belongs to Scheduled Tribe, charges under the Act 1989 was also framed. The appellant was charge sheeted and convicted as mentioned above.

(3.) Learned counsel for the appellant submits that the date of incident was in the intervening night of 03-04.9.2009 but the report was lodged on 22.9.2009 and there is no explanation for the said delay, therefore, version of the prosecution is doubtful. Version of the prosecutrix and other witnesses are not reliable and conduct of the prosecutrix and her husband after the incident is unnatural therefore, the finding arrived at by the trial Court on the basis of their evidence is not sustainable. The trial Court has ignored the evidence which are favourable to the appellant. Therefore, the judgment of conviction is liable to be set aside.