GAURI SHANKAR TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) With the consent of learned Counsel appearing for the parties, this revision was heard finally at the stage of admission. The applicant Gauri Shankar Tiwari is aggrieved by the framing of charges against him under Sec. 376 of the Indian Penal Code and under Sec. 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act') by the Special Judge (Atrocities), Bilaspur on 9-2-2009.

(2.) Brief facts on which the prosecution of the applicant for the abovementioned offences rests are that the prosecutrix is Gond by caste. She had worked as a daily wage earner in the construction of a bridge undertaken by the applicant, who was an engineer in the Irrigation Department, Pendra Road. On the fateful day, i.e., 15-12-2006, one Munnibai, who is a Panch, lured the prosecutrix to her house for collection of wages, which were due, from the engineer, the applicant herein, who was present at her house. She made the prosecutrix sit beside the applicant on the cot inside here house and left the room while shutting the door behind her. It is alleged by the prosecutrix that the applicant committed rape on the prosecutrix. Report of the incident was lodged by the prosecutrix on 16-12-2006 at Police Station Gaurela. The prosecutrix being a married woman, Dr. Nalini Singh could not give definite opinion regarding the commission of rape on her. After completion of investigation, the applicant was prosecuted for the offences as aforesaid in paragraph 2 above.

(3.) Shri Ashok Soni, learned Counsel for the applicant and Shri Sudhir Bajpai, learned Deputy Government Advocate for the State/non-applicant were heard at length. Annexure to wit the copy of the charge-sheet filed before the Special Judge (Atrocities), Bilaspur is perused.