BUDDHU ALIAS PARSHOTTAM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Special Judge, appointed under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Damoh has passed the impugned judgment dated 1/5/2006 in Special Case No. 69/2004 whereby appellants have been convicted under Sections 366 & 376(2)(g) of Indian Penal Code and sentenced each of them to undergo rigorous imprisonment ten years with fine of Rs. 500/-, rigorous imprisonment ten years with fine of Rs. 500/- respectively. In default they have to suffer further one years (each) rigorous imprisonment. Both sentences run concurrently. Being aggrieved, appellants have preferred this appeal under Section 374(2) of the Code of Criminal Procedure.

(2.) Prosecution case in short is that prosecutrix is a member of scheduled tribe community. She earned livelihood by singing. On 14/8/2004, appellants contacted prosecutrix for singing at the home of appellant Buddhu @ Parshottam (A/1) in the eve of ganta (a ceremony of newly born child) for one night. Thereafter prosecutrix went to village Bilawar and collected her singing party Tantu, Raja, Maniram (PW5), Puttu Yadav (PW7), Kailash Yadav etc. and proceeded to Gulganj from where appellants hired a jeep of Gauri Shankar (PW9). The appellants and aforesaid singing party travelled in a jeep to Hatta where, except prosecutrix and appellants, other persons went for taking their meals at a Dhaba. Appellant Karan called appellant Buddhu @ Parshottam, at the same time Gauri Shankar (PW9) also came there. Appellant Parshottam told them that he required to go at home for bringing money and he himself driving the jeep. After sometime he turned the jeep towards forest of Patera then owner of the jeep Gauri Shankar (PW9) jumped away from the jeep. It is further alleged that after sometime appellant Parshottam stopped the jeep near a nalla and committed rape on prosecutrix in the jeep. It is further alleged that the appellants took the prosecutrix to Dhbua and kept her till 15/8/2004 where both of them further committed rape on her. On 17/8/2004 they also committed rape on her. In the evening at 8 O'clock when appellant Karan went away, the appellant Parshottam took her to Sobhanagar, where he committed rape on her. It is further alleged that when Parshottam slept in the night, she found an occasion and ran away from there and lodged a report Ex. P/1 at police station Patera in the morning at 4 O'clock. Police registered a crime against the appellants. Prosecutrix was medically examined by Dr. Sangeeta Trivedi (PW21). She prepared the MLC report of prosecutrix Ex. P/17. Appellants were arrested and medically examined by Dr. V.C. Jain (PW15).

(3.) After usual investigation appellants were charge sheeted. Learned Special Judge, Damoh framed the charges against the appellants for offence punishable under Sections 376(2)(g), 366 of the Indian Penal Code and Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. They abjured their guilt and pleaded that they have been falsely implicated.