STATE OF U P Vs. DAL CHAND @ JHANDU

JUDGEMENT

(1.) Heard learned A.G.A. and perused the Trial Court's judgement and record.

(2.) This Government Appeal has been preferred against the judgement and order of the Special Judge, S.C.S.T. Act, Agra dated 5.2.2004 acquitting the accused-respondent under sections 376 IPC and 3 (2) (5) of the S.C. S.T. Act.

(3.) A report was lodged at 5 p.m. on 22.9.1999 by P.W. 2 Phauran Singh that his wife P.W. 1 Shanti Devi had gone with one Phula for cutting the grass in the field. At about 12 noon on the same day, the accused respondent caught hold of his wife and tied her mouth and raped her after threatening her. When the 'safi' which was tied on her mouth got loosened, she cried out, then P.W. 3 Phoolwati Devi and others, who were working at nearby fields arrived at the spot and the accused fled from the spot.