SITARAM BARGAH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) In this criminal appeal the challenge is levied to the judgment of conviction and order of sentence dated 6-8-2008 passed by Special Sessions Judge, [constituted under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989) (hereinafter called as 'SCST Act')], Sessions Division Sarguja at Ambikapur in Spl. Sessions Case No. 13/2008 whereby and whereunder he convicted and sentenced the appellant as under :-

(2.) In brief the prosecution story is that at the time of the alleged incident prosecutrix was 32 years old and resident of village Vishunpur, Gorsi. On 4-10-2007, in the night she was lying on the bed in her house. She was waiting for her husband. Light was switch on, at about 11 pm. appellant opened the door and entered in her house, pressed her mouth and committed forcible sexual intercourse with her giving threats to kill her. She narrated the incident to her husband on next day of morning when she came to his house. On 6-10-2007 she lodged the report in police station Ajak, Ambikapur. After completion of investigation, a charge sheet was filed against the appellant. The trial Court framed the charges against the appellant under Sections 450, 506 part II, of the Indian Penal Code (in brevity 'IPC'), Section 3 (2)(v) of the SCST Act, in alternate, Section 376(1), of the IPC. After completion of trial, trial Court convicted and sentenced the appellant as aforesaid, however acquitted him of charges under Section 3(2)(v) of the SCST Act and 506 part II, of the IPC.

(3.) Counsel for the appellant argued that Trial Court has not appreciated the evidence in proper perspective. Thus, the conviction and sentences of the appellant are bad in eyes of law. Hence, appellant may be acquitted of the aforesaid charges.