NOHAR SAI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant is an appeal against the judgment dated 25.6.2001 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Bilaspur in Special Criminal Case No.76 of 2000 convicting and sentencing the accused/Appellant as under: Conviction Sentence Under Section 376 of the Rigorous Imprisonment for 6 Indian Penal Code years and fine of Rs.300/- with default stipulation

(2.) Facts of the case, in nutshell, are that at the relevant time, the prosecutrix (PW2), aged about 15 years, was studying with the accused/Appellant in a same school and they had become friends. On 28.10.1999, the prosecutrix lodged First Information Report (Ex.P1) alleging that about 6 months before the Appellant, enticing her that he will marry her, took her to the agricultural field and committed sexual intercourse with her there. Thereafter also, he made sexual relationship with her frequently from time to time. As a result thereof, she became pregnant. She asked the Appellant to marry her, but he avoided. She told about the fact to her parents. Her parents asked the Appellant to marry their daughter (the prosecutrix), but the Appellant again refused. Thereafter, the prosecutrix lodged the FIR (Ex.P1). The prosecutrix was medically examined by Dr. Rama Ghosh (PW5). Her report is Ex.P3 in which she opined that the prosecutrix was carrying a pregnancy of 30-32 weeks. On completion of the investigation, a charge-sheet was filed against the Appellant under Section 376 of the Indian Penal Code and Section 3(1)(xii) of the Act of 1989. Charges were framed against him under Section 376 of the Indian Penal Code and Sections 3(2)(v) and 3(1)(xi) of the Act of 1989.

(3.) To bring home the offence against the Appellant, the prosecution examined as many as 7 witnesses. The Appellant was also examined under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded innocence. No witness has been examined in his defence.