(1.) This appeal has been filed by the State against the judgment dated 09.01.2003 passed by Special Judge, Rajnandgaon in Special Case No. 62/2002 acquitting the accused/respondent of the charge under Sections 342, 376, 511 IPC and 3 (1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (hereinafter referred to as "Special Act").
(2.) Facts of the case in brief are that on 18.04.2002 FIR (Ex.P-1) was lodged by the prosecutrix (PW-1) aged about 14 years at the relevant time alleging that on 16.04.2002 at about 12 noon when she had gone to the house of her friend Khemin Bharti but nobody was present there at that time. Meanwhile, the respondent/accused and one Prakash came there from the back-side, removed their clothes, tore her Kurta and made an attempt to insert their private part into that of her. It is alleged that when she raised an alarm, they filthily abused her in the name of her caste. Based on this report, offences under Sections 342, 376, 511 IPC and 3 (1) (xii) of the Special Act were registered against the two. The other accused Prakash however being juvenile was tried in the Juvenile Court. Court below then framed the charge against the respondent/accused accordingly.
(3.) So as to hold the accused/respondent guilty, prosecution has examined 08 witnesses in support of its case. Statement of the accused/respondent has also been recorded under Section 313 of the Code of Criminal Procedure in which he denied the allegations made against him and pleaded innocence and false implication in the case.