RAM SHANKAR PANDEY Vs. STATE OF U P

JUDGEMENT

(1.) This Jail Appeal under Section 383 Cr.P.C. has been filed through Senior Superintendent, Central Jail, Fatehgarh, by convict appellant Ram Shanker Pandey, against judgment of conviction and sentence therein, dated 31.3.2012, passed by Special Judge (SC/ST Act), Kanpur Nagar, in S.T. No. 1868 of 2008, State Vs. Ram Shanker Pandey, arising out of Case Crime No. 134 of 2008, u/s 376 I.P.C. and 3(2)(v) SC/ST Act, P.S. Sisamau, District Kanpur Nagar, whereby convict appellant Ram Shanker Pandey has been sentenced for life imprisonment with fine of Rs. 20,000/- and in default one year's additional imprisonment for offence u/s 376 I.P.C. read with section 3(2)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.

(2.) Heard Mr. Avinash Jaiswal, learned Amicus Curiae, for appellant and Sri Rishi Chaddha, learned AGA for State.

(3.) Learned Amicus Curiae for appellant argued that Trial Court failed to appreciate facts and law placed before it. Convict appellant was innocent but has been falsely implicated in this case crime number. There were material contradictions in testimonies of prosecution witnesses, which were placed before learned Trial Judge, but same were not appreciated. There was no injury, either external or internal, over private part of the victim nor any opinion about presence of spermatozoa was there in the medical examination report. Definite opinion about rape could not be given by the Medical Officer. Implication of the appellant was with a motive to have money, being given by State, for atrocities towards members of Scheduled Caste and Scheduled Tribe.