RAMESHWAR DAMODAR MAHRA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred against the judgment of conviction and order of sentence dated 23-6-2001 passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 (for short, "the Act, 1989") Bastar, Jagdalpur, CG in Sessions Trial No. 470 of 2000 wherein the said Court has convicted the appellant for commission of offence under Sections 376 (1), 506 Part II, 323 of IPC and Section 3 (1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act , 1989 and sentenced him to undergo rigorous imprisonment for 7 years and fine of Rs. 1000/-, RI for one year and fine of Rs. 200/-, RI for three months RI for one year and fine of Rs. 1,000/- respectively with default stipulations.

(2.) In the present case, prosecutrix is PW/1. Date of incident is 5-9-2000 at Chachra Pakna forest. It is alleged that on 6-9-2000 at about 10. 30 pm in the night prosecutrix after taking her meals went along with her girl friend Shanti to see Lord Ganesh pandal and while she was coming back to her parental home with two persons namely Tensingh and Lakhan, appellant met near the house of one Mannu Mohra and asked Tensingh and Lakhan to go away. On their refusal he beat them and got them to run away. Prosecutrix tried to cry but her mouth was covered with cloth by the appellant and threatened to kill her if she will cry, thereafter appellant took her to a place namely Chachra Pakna forest and committed sexual intercourse with her without her consent and against her will knowingly that she belongs to a member of Scheduled Tribe. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced him as aforementioned.

(3.) Learned counsel for the appellant would submit as under: