RAMBIHARI YADU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment dated 26.8.2016 passed by the Sessions Judge and Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act'), Balodabazar, in Special Sessions Trial No.7 of 2016 convicting and sentencing the Appellant as under:

(2.) Facts of the case, in brief, are that on 18.12.2015, the prosecutrix (PW1), a married woman and member of the Scheduled Tribe, lodged a report alleging that on 16.12.2015 she along with two other women, namely, Uttara and Durga were engaged by the Appellant for labour work in his field. At about 4:00 p.m., when the prosecutrix was carrying para, the Appellant caught her and forcibly committed sexual intercourse with her. He also threatened her that if she discloses the incident to anyone, he will kill her. Therefore, she did not disclose the incident to anyone on that day. Next day, she told the incident to her husband. Thereafter, she submitted a written complaint (Ex.P1). On the basis of Ex.P1, First Information Report (Ex.P2) was registered. On completion of the investigation, a charge-sheet was filed against the Appellant. Charges were framed against him under Sections 376 and 506 Part II of the Indian Penal Code and Section 3(2)(v) of the Act.

(3.) In support of its case, the prosecution examined as many as 12 witnesses. Statement of the Appellant/accused was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the guilt and pleaded false implication. 1 witness has been examined in defence.