PRABHU LAL BANJARA Vs. STATE OF C.G.

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 3-9-2007 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Mahasamund in Special Sessions Trial No. 32/2006 whereby and whereunder learned Special Judge after holding the Appellant guilty for commission of offence under Sections 456 and 376 of the I.P.C., sentenced him to undergo R.I. for one year and pay fine of Rs. 1,000/-, in default of payment of fine to further undergo R.I. for three months and to undergo R.I. for seven years and pay fine of Rs. 3,000/-, in default of payment of fine to further undergo R.I. for six months, respectively.

(2.) JUDGMENT of conviction and order of sentence are challenged on the ground that without any iota of evidence, learned Special Judge has convicted and sentenced the Appellant as aforementioned and thereby committed illegality.

(3.) IN order to prove the guilt of the Appellant, the prosecution has examined as many as nine witnesses. Statement of the accused was recorded under Section 313 of the Code of Criminal Procedure in which he denied the circumstances appearing against him and pleaded innocence and false implication. The accused has also examined defence witnesses Rajkumar (DW-1) and Jalap Singh (DW-2). Rajkumar (DW-1) has deposed that at the time of incident brother of the prosecutrix was in drunken condition, he quarrelled with the accused, persons of the vicinity came and the prosecutrix was also present. Jalap Singh (DW-2) has also deposed the same thing, but he has stated that just after 10-15 minutes the prosecutrix came to him and told that she has not committed any fault, but her family members are accusing her.