LAXMI PAIKRA Vs. VIJAY KUMAR YADAV

JUDGEMENT

(1.) This acquittal appeal is preferred against the judgment dated 7-2-2013 passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Jashpur in Special Criminal Case No. 30 of 2011, wherein the trial Court has acquitted the respondent No.1 for commission of offence under Section 376(1) of IPC, 1860 and Sections 3(i)(xii) & 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act, 1989") and Section 146 read with Section 196 of the Motor Vehicles Act, 1988 (for short, "the Act, 1988").

(2.) In the present case, prosecutrix is PW/9. As per prosecution case, prosecutrix is a member of Scheduled Tribe whereas respondent No.1 is not a member of Scheduled Caste or Scheduled Tribe. It s alleged that since 5-7-2009 respondent No.1 made promise to prosecutrix that he would marry her, but denied to marry her. On 16-6-2011 a report was lodged by the prosecutrix against respondent No.1 in the Police Station. The matter was investigated and during investigation, statements of the witnesses under Section 161 of the Code of Criminal Procedure, 1973 (for short 'the Code') were recorded. After investigation, charge sheet was filed against the respondent No.1. The respondent No.1 pleaded innocence and thereafter the trial was conducted. After examination of the witnesses, statement of the respondent No.1 was recorded under Section 313 of the Code. After hearing the parties, the trial Court acquitted the respondent No.1 as aforementioned.

(3.) Learned counsel for the appellant would submit that version of the prosecutrix and other witnesses established the guilt of respondent No.1, but the trial Court came to conclusion on the basis of surmises and conjectures which is liable to be set aside.