LAWS(CHH)-2019-6-66

ANUJ UIKEY Vs. STATE OF CHHATTISGARH

Decided On June 17, 2019
Anuj Uikey Appellant
V/S
STATE OF CHHATTISGARH Respondents

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 28-02- 2014 passed in Special S.T. No.12/2013 by the Special Judge [under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short 'the SC/ ST Act')], Durg, District Durg, C.G. convicting the appellant under Section 376(1) of the IPC and sentencing him with R.I. for 10 years along with fine of Rs.5000/- with default stipulation.

(2.) The case of the prosecution, in brief, is this, that on 07-10-2012 the prosecutrix was on her way home when the appellant came in a Swift car bearing registration No.CG 07 MB 1394 along with two other boys, the appellant requested the prosecutrix to go for a ride and accommodated her in the back seat. After car was driven for some time, the appellant then started teasing the prosecutrix and when she opposed, by use of force on her the appellant committed offence of rape with her. The prosecutrix got afraid from this incident and she narrated about it to her parents after two days on 09-10-2012. The FIR Ex.-P/2 was lodged in P.S. Newai. The case was investigated and after completion of the investigation charge sheet was filed.

(3.) The appellant and one another co-accused Pranjal Sharma were charged under Section 363, 366 / 366(A), 376(2)(g) of the IPC and Section 3(2)(5) of the SC/ ST Act , to which they denied and prayed for trial. Another co-accused Ajitesh Mishra has remained in absconsion.