ROOP SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as 'the Code') against judgment dated 11.12.1996, passed by Special Judge, Sagar in Special Case No. 107/96, convicting the appellant under Sections 376 and 323 of I.P.C. and sentenced him to 3 years R.I. and with fine of Rs. 500/- and 500/-respectively.

(2.) Facts, in short, are that on 31.5.1996 at about 10.00 am while prosecutrix, aged 25 years (PW-3) went to forest along with her niece Meena, aged 12 years (PW-4) for taking leafs was accosted and dragged by appellant and was subjected to rape. Meena (PW-4) rushed back to her house and told the incident to Lakhan Singh, husband of prosecutrix (PW-5). Later on, prosecutrix (PW-3) came back to the house and narrated the incident. At about 9.30 p.m. on the same day, prosecutrix (PW-3) along with her husband Lakhan (PW-5) proceeded to Police Station Banda, District-Sagar. According to prosecution, prosecutrix (PW-3) was assaulted by appellant and acquitted co-accused Lotan Singh, brother of appellant in relation. A report Ex.P/2 was lodged at Police Station Banda by prosecutrix (PW-3). A case at Crime No. 175/96 was registered under Sections 376, 323, 34 of the I.P.C. against appellant and another. Prosecutrix was sent for her medical examination to P.H.C. Banda. She was examined by lady Doctor Diwakar (PW-6). Lady Doctor prepared vagina swab slide and collected the clothes of the prosecutrix and handed over to the Police. M.L.C. report Ex.P/7 was prepared. Appellant was arrested on 3.6.1996.

(3.) After completing investigation, citing 20 witnesses, Police Banda submitted charge sheet in Special Court. Trial Court framed charge under Sections 376 of I.P.C./3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 and 323 of I.P.C./3(1)(x) of SC/ST (Prevention of Atrocities) Act, 1989. Appellant abjured guilt.