STATE OF CHHATTISGARH Vs. ADITYA NARAYAN TIWARI

JUDGEMENT

(1.) Heard.

(2.) The State has preferred this appeal to assail the legality and validity of the impugned judgment of acquittal rendered by the Special Judge (Atrocities), Korea at Baikunthpur (CG), acquitting the accused/respondent of the charges under Section 376 of IPC and under Section 3(2) (v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities), Act, 1989.

(3.) The prosecution case, as projected in the charge sheet, was that on 4.3.2009, at about 7-8 p.m., the prosecutrix was proceeding towards the house of her friend Taramati to attend the marriage through the back side of her house. When she was on her way, the accused/respondent caught hold of her, dragged her to some distance, felled her beneath a mango tree, upturned her petticoat and thereafter, committed forcible sexual intercourse. When the prosecutrix threatened that the incident would be informed to her mother, the accused slapped her, for which, she sustained swelling on her cheeks. Because of the incident, the prosecutrix did not attend the marriage and straightway went to the house of her maternal uncle Vanshrakhan, where his son Karan Singh (PW-3), a boy aged about 13 years, was sleeping. The prosecutrix also went asleep beside Karan Singh . On the next morning, the prosecutrix went back to her house and informed the incident to her mother Ramkali (PW-7), Village Kotwar Ramnaresh Panika and Panch Khubchand Baiga. The prosecutrix along with Ramkali, her mother and Jawohar Singh, her brother-in-law (Jija) went to Police Station Janakpur and lodged written report. The prosecutrix and the accused were medically examined; report of FSL was obtained and; case diary statements of witnesses were recorded. In course of trial, the prosecution examined 9 witnesses. The accused abjured the guilt but did not examine any defence witnesses.