OM PRAKASH Vs. STATE OF UP

JUDGEMENT

(1.) This appeal, preferred under section 374 of Code of Criminal Procedure, 1973, (for short Cr.P.C), is directed against the judgment and order dated 27.01.2000, passed by IInd Additional Sessions Judge, Dehradun, in Special Sessions Trial No. 12 of 1998, whereby said court has convicted the appellants namely Om Prakash and Pappu under section 376 (2) (g) of Indian Penal Code, 1860, (for short I.P.C.) and under section 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. Each of the convicts is sentenced to rigorous imprisonment for a period of ten years and directed to pay fine of ` 500/- under section 376 (2) (g) I.P.C, and imprisonment for life under section 3 (2) (V) of Scheduled Castes and Scheduled Tribes (prevention of Atrocities) Act, 1989.

(2.) Heard learned Amicus Curiae on behalf of the appellants, and Shri P.S.Bohara, Brief Holder, for the State.

(3.) Prosecution story, in brief, is that PW1 Saroj is a member of Scheduled Caste, and an illiterate lady. Her husband was bitten by a dog. PW1 Saroj along with her sister in law Kidi ( a dumb lady) had gone to take some soil for the treatment of her husband on 23.02.1998 to village Ramsahay wala. On her return, when she reached near school, accused/appellants Om prakash and Pappu, who were in a drunken state, dragged Saroj towards the sugarcane field, and they committed rape on her, one after another. On the next day, PW1 Saroj reported the incident to Village Pradhan Vijay Ramola @ Madan Lal, and member of Kshetra Panchayat, Mangal Singh. The Village Pradhan called Panchayat on 26.02.1998, in which accused Pappu was given shoe beating on complaint of Saroj (PW1), but accused Om Prakash did not turn up. Thereafter on 28.02.1998, complainant (PW1) gave First Information Report (Ex A1) at police station Sahaspur against the two accused. On the basis of which crime no. 82 of 1998 was registered against the two accused relating to offence punishable under section 376 (2) (g) I.P.C ., and one relating to offence punishable under section 3(2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. The investigation started by Sub Inspector Chote Lal Tamta, and later transferred to Deputy Superintendent Police Ramanand Gautam. A victim was sent for medical examination on 28.02.1998. Dr. Renuka Naithani examined her, but no opinion regarding rape was given by her, in her report (Ex- A4). The Investigating Officer after completion of the investigation, submitted charge sheet (Ex A10) against the two accused namely Om Prakash and Pappu, for their trial in respect of offences punishable under section 376 and 506 I.P.C., and one punishable under section 3 (2) (V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.