RAJESH KUSHWAHA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferrred against the judgment dated 31/12/2004 passed by the Special Judge (Attrocities) Panna in Special Case No.7/2004 convicting the appellant under section 354 of IPC and under section 3(1)(11) of The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short SC/ST Act) and sentenced to 6 months R.I and fine of Rs.500/- on each count.

(2.) Facts of the case in short are that on 17/01/2004 at aboutr 4.00 pm prosecutrix, aged 20 years (PW-4) while sitting in her field appellant came, undressed her and committed rape on her. FIR Ex.P-3 was lodged by prosecutrix at police station-AJAK, Panna. A case at crime no. 2/2004 under section 376 IPC and under section 3(1)(12) SC/ST Act was registered against the appellant. Prosecutrix was sent for her medical examination. Appellant was arrested and was sent for his medical examination.

(3.) Completing investigation, charge sheet under section 376 IPC and under section 3(1)(12) of SC/ST Act was submitted in the trial court. Trial court framed charge under section 376 IPC and under section 3(1)(12), 3(1)(5) of SC/ST Act. Appellant abjured guilt.