MANI RAM CHAUDHARY Vs. STATE OF U.P.

JUDGEMENT

(1.) This criminal appeal is directed against the judgment and order dtd. 21/5/2004, passed by the Special Judge Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Basti, District Basti in Special Sessions Trial No. 14 of 2003, State vs. Maniram Chaudhary; whereby the appellant has been convicted under Sec. 376 IPC and Sec. 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and consequently sentenced to rigorous life imprisonment along with fine of Rs.20,000.00 for the offence under Sec. 376 IPC and rigorous life imprisonment for the offence under Sec. 3(2)(v) SC/ST Act along with fine of Rs.20,000.00 and on failure to deposit the fine appellant is to undergo two years additional rigorous imprisonment. Both the sentences are to run concurrently.

(2.) As per the prosecution case a written report (Ext.A-1) was given to the Police Station Kaptanganj, District Basti by Shanti Devi (PW-1) stating that she belongs to scheduled caste and her daughter is a student of Class Vth in the Primary School, Bheeta. On 9/12/2002, at about 1.00 pm, the informant's daughter was returning from her school to have lunch. On her way situated the house of accused appellant. Accused appellant on spotting the victim alone dragged her inside his house and raped her. The victim somehow reached her house and informed her mother, who has filed the written report (Ex.A.1).

(3.) The scribe of the written report is one Sitaram (PW-3), the President of Bahujan Samaj Party, Kaptanganj. On the basis of written report a first information report (Ex.Ka.5) was lodged as Case Crime No. 254 of 2002, under Sec. 376 IPC read with Sec. 3(1)XII of the SC/ST Act, 1989.