VINOD KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment of conviction and order of sentence dated 7-9-2001 passed by the Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in brevity the SCST Act) in Misc. Criminal Case No. 1/2001 whereby and whereunder, he has convicted and sentenced the appellant as under:-

(2.) In brief, the prosecution story is that on 30-11-2000 prosecutrix was aged about 12 years old. She was resident of village Kandri. She is a member of Scheduled Caste. The applicant is neither a member of Scheduled Caste nor Scheduled Tribe. On Tuesday of Jeth month of year 2000, when prosecutrix was alone in her house, applicant entered in her house, closed the door from inside, gagged her mouth by a handkerchief and committed forcible sexual intercourse with her. Thereafter, he committed repeatedly sexual intercourse with her. When she became pregnant he threatened her that if she discloses about the incident to anyone, she will face dire consequences. When her belly grown, then she disclosed the incident to her mother. On 30-11-2000 she lodged an FIR in police station Chando. After completion of the investigation, a charge sheet was filed against him for the offences punishable under Section 376(2)(f) and Section 3(1)(xii) of the SCST Act. The trial Court framed the charges against him under Section 376 of the IPC and Section 3(1)(xii) of SCST Act. He abjured the charges and faced the trial. To bring home the charges against him, the prosecution examined 9 witnesses in all. He did not examine any witness in his defence. After conclusion of trial, the trial Court convicted and sentenced him as mentioned above. However, he was acquitted of the charge punishable under Section 3(1)(xii) of the SCST Act.

(3.) Being aggrieved by the aforesaid judgment of conviction and order of sentence, the appellant has preferred this criminal appeal.