STATE OF CHHATTISGARH Vs. RAKESH KUMAR SAHU

JUDGEMENT

(1.) This appeal has been filed by the State against the judgment dated 08.08.2014 passed by Special Judge (Atrocities), Korea (Baikunthpur) in Special Sessions Trial No. 16/2014 acquitting the accused/respondent of the charge under Sections 376 IPC and 3 (1) (B-ii) 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 18.12013 FIR (Ex.P-5) was lodged by the prosecutrix (PW-2) alleging that on 23.10.2013 at about 8 AM when she was returning from the house of her maternal grandmother, respondent/accused met her on the way and asked her to accompany him assuring of keeping her as his wife. It is alleged that she accompanied as asked for and stayed in his house for a period of two months and during this period they both had phyical relations but ultimately he did not keep of his promise of marriage. On 11.12013 she left his house for Pratappur and when she was returning from there on 17.12013, she met her mother and then the report was lodged. Based on this report, offences under Sections 376 IPC and 3 (1) (xii) of the Special Act were registered against the respondent/accused. Court below then framed the charge against the respondent/accused accordingly.

(3.) So as to hold the accused/respondent guilty, prosecution has examined 09 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.