CHHOTU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 31.12.2010 passed by Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ( for short 'the Act 1989') Durg (CG) in Special Session Trial No.35/2009 wherein the said Court convicted the appellant for commission of offence under Sections 376(1) & 342 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for seven years and to pay fine of 500/-; RI for six months with default stipulations.

(2.) In the present case, prosecutrix is PW-1. As per the prosecution case, prosecutrix along with her parents residing at Sangam Chowk, Maroda which is within the jurisdiction of Police Station Navai, Distt. Durg. On the date of incident i.e. 29.6.2009 prosecutrix and her younger brother namely Durgesh were playing hide and seek at 5.00 pm. When the prosecutrix was hiding in a room, the appellant came there, caught hold the prosecutrix and dragged her towards water tank. When the brother of the prosecutrix came there, the appellant threatened him and thereafter the appellant took the prosecutrix to vacant house of Govind Dewangan and committed rape on her. Thereafter he forcibly confined the prosecutrix till 12.00 night. The matter was reported and investigated, and after completion of the trial, the appellant has been convicted as mentioned above.

(3.) Learned counsel for the appellant submits that there are number of contradictions and discrepancies in the statements of the prosecution witnesses and there was substantial development in their statement but the trial Court overlooked the same. Version of the prosecutrix and her brother is also not natural. No external or internal injury was found on the person of the prosecutrix, no FSL report is available on record, therefore, finding arrived at by the trial Court is liable to be set aside.