SHANKAR LAL BHOI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 03.06.2010 passed by Special Judge, [Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989], Mahasamund, District- Mahasamund (C.G.) in Special Session Trial No. 01/2010, wherein the said court convicted the appellant for commission of offence under Sections 450 & 376(1) of IPC, 1860 and sentenced to undergo R.I. for 5 years and fine of Rs. 5000/- and R.I. for 10 years and fine of Rs. 5000/- respectively with further default stipulations. All the sentences to run concurrently.

(2.) In the present case, the prosecutrix is PW-1. As per version of the prosecution, on 24.05.2009 about 5-6 p.m., husband of the prosecutrix went to village - Devalgarh to see Karma Dance Festival and inside the home, the prosecutrix remained along with her children and after taking meal, they were sleeping inside the home. At about 9 p.m., the prosecutrix heard some voice then she opened the eyes and saw that the appellant along with one other person namely Suraj Kewat forcibly took the prosecutrix at kitchen garden and when she raised some alarm, the co-accused shut her mouth, thereafter, the appellant and his companion removed cloth of the presecutrix and appellant committed rape with the prosecutrix. At this juncture, brother-in-law (Jeth) of the prosecutrix reached on the spot and thereafter, the appellant ran away from the spot. Matter was reported next day. The appellant was charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellant submits as under:-