GANESH RAWAT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is levied to the judgment of conviction and order of sentence dated 31-1-2003 passed by the Special Judge, Raipur constituted under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act 1989 (hereafter called as 'SC ST Act'), in Special Sessions No. 176/2001 whereby and whereunder he has convicted and sentenced the appellant as under :-

(2.) In brief, the prosecution story is that prosecutrix was about 18 years old at the time of alleged incident. She was resident of village Kolpaddar. She was member of Scheduled Tribe. Appellant is neither member of Scheduled Caste nor Scheduled Tribe. On 19/09/2001 at about 12.30 p.m. she was going towards the house of her maternal uncle Munna. In front of house of appellant he took her in his house after pressing her mouth. He gagged handkerchief in her mouth. He roped her hands. He beat her by leg, hands and fists. He committed forcible sexual intercourse with her. At about 4.00 p.m. he removed rope from her hands. She went in her house and narrated the incident to her family members. On very day she went to outpost Patewa at about 21.30 hours and intimated about incident. An FIR was registered there in zero number. Thereafter numbered FIR was registered in Police Station, Tumgaon. After completion of the investigation, a charge sheet was filed against him for the offences punishable under Sections 323, 342, 376, 506 of the Indian Penal Code (in brevity 'IPC') and under Sec. 3(1) (xii) of SC ST Act. The trial Court framed the charges against him under Sections 341, 342, 323 of the Penal Code and Sec. 3(1) (xii), 3(2)(v) of SC ST Act. He abjured the charges and faced the trial. To bring home the charges against him, the prosecution examined 8 witnesses. He examined 2 witnesses in his defence. After conclusion of trial, the trial Court convicted and sentenced him as mentioned above. However, trial Court acquitted him from the charges punishable under Sec. 341 of Penal Code and 3(2)(v) of SC ST Act.

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