SANTOSH Vs. STATE OF U P

JUDGEMENT

(1.) This appeal has been preferred against the judgment of conviction and punishment dated 26-10-2004 passed by Special Judge (SC/ST Act), Agra in S.T. No. 16/ 2002, State v. Santosh, sections 376, 506 IPC and section 3(2)(v) The Scheduled Castes or Schedule Tribes (Prevention of Atrocities) Act, 1989 [hereinafter referred to as "SC/ST Act"].

(2.) Heard learned counsel for appellant and Addl. Government Advocate on behalf of the State, and perused the original records of the case.

(3.) The admitted case in brief is that informant Dharm Vir Singh (PW-1) belongs to 'jatav' caste (scheduled caste community) and accused Santosh is 'thakur' (a non-SC/ST community). They are residents of the same village. Prosecution case in brief is that on 25- 11-2001 informant's 11 year old niece Shashi Kumari was allured by the accused who persuaded her to go in a lonely place, and then committed rape with her. This incident was reported by the informant on basis whereof a case was registered and after investigation charge-sheet for offences u/ss 376, 506, and section 3(2)(v) SC/ST Act was filed against accused Santosh on the basis whereof S.T. No. 16/ 200 State v. Santosh was registered. After conclusion of the trial accused was convicted for charge u/s 376 read with Section 506 and section 3(1) XII SC/ST Act and punished with imprisonment for life. Aggrieved by this judgment of conviction and punishment dated 26- 10-2004 accused Santosh has preferred the present appeal.