SUDHAKER GHOTEKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant appeal has been preferred against the judgment dtd. 15/1/2014 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act'), Rajnandgaon in Special Case No.8 of 2013, whereby the Appellant has been convicted and sentenced as under: <FRM>JUDGEMENT_106_LAWS(CHH)9_2019_1.html</FRM>

(2.) As per the prosecution story, the Appellant was in love relation with the prosecutrix (PW1) and he had committed sexual intercourse with her on many occasions and had given her false pretext that he will perform marriage with her and on that basis he had been regularly committing sexual intercourse with her. When the prosecutrix asked him to marry her, he refused her making a promise that he will marry her after ring ceremony (engagement) of his sister. Thereafter also, he refused to perform marriage with her. It is alleged that the Appellant denied to marry her saying that she belongs to a lower caste. Thereafter, First Information Report (Ex.P1) was lodged by the prosecutrix. After investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Sec. 376(1) of the Indian Penal Code and Sec. 3(1)(xii) of the Act.

(3.) In support of its case, the prosecution examined as many as 9 witnesses. In his examination under Sec. 313 of the Code of Criminal Procedure, the Appellant denied the guilt. No witness has been examined in his defence.