DEVA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dtd. 5/5/1998 passed by Special Judge (Prevention of Atrocities) Act, Surguja at Ambikpuar in Special Criminal Case No. 26/1997, convicting the accused/appellant for the offences punishable under Sec. 376(1) of the Indian Penal Code and under Sec. 3(1) (xi) of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act (henceforth "The Act") and sentencing him to undergo rigorous imprisonment for seven years and to pay fine of Rs.2,000.00, and to undergo rigorous imprisonment for one year and to pay fine of Rs.500.00, respectively with default stipulation.

(2.) Briefly stated case of the prosecution is that on i.e. 26/4/1994 prosecutrix aged about 18 years was returning from Dabra weekly market alongwith her neighbour Nand Keshar and his wife and when they reached near forest, Deva @ Dev along with two other persons threatened Nand Keshar and his family members and accused Deva took away the proseuctrix towards forest, firstly accused Dev Kumar committed forcible sexual intercourse with the prosecutrix thereafter his another friends committed rape on the prosecutrix. After committing rape on the prosecutrix, accused persons offered the prosecutrix to drop her in her house, which was refused by the prosecutrix and she came towards home. On the way she met with Dileep Bania and Bhogia and she along with them reached village Burgi and thereafter she reached her home at about 8,00 pm where she narrated the entire incident to her sister-in-law (Bhabi). When her father and mother returned home, she also narrated the story to them and thereafter when her brother, who was residing at Ambikapur, came back FIR vide Ex. P/4 was lodged on 27/4/1994 at Police Station Chalgali District Sarguja against the accused persons. Thereafter, the prosecutrix was examined by Dr. (Smt.) Kiran Bajgoli (PW-13).

(3.) After usual investigation, charge sheet was filed against the three accused persons for committed gang rape with the prosecutrix, who belongs to the Scheduled Tribe, for the offence punishable under Ss. 3(1)(v) & 3 (1)(xii) of the Act and Sec. 376 (2) (g) of the Indian Penal Code. After considering the material and evidence available on record, two accused Narendra and Anil both were acquitted of the charges leveled against them whereas, accused Dev Kumar Bania was convicted and sentenced by the trial Court as mentioned above.