SOHAN SINGH Vs. STATE OF M P

JUDGEMENT

(1.) Appellant is aggrieved by the judgment of conviction handed down by the Special Judge Dewas in S.T. No. 11 of 2000. By the impugned judgment, appellant has been found guilty of offences punishable under section 376 IPC and 3(2)(v) of the Scheduled caste and Scheduled Tribes(Prevention of Atrocities) Act, 1989 (here after referred to as the Act for short) and for the later offence, he is sentenced to undergo life imprisonment.

(2.) Prosecution story in brief is that on 25.2.2000 prosecuterix (PW 1), lodged a FIR (Ex.P 1) at Police Station B.N.P. Dewas against appellant stating that that same afternoon he ravished her. Police registered the FIR for offences punishable under Section 376 IPC and Section 3(2)(v) of the Act because victim was a tribal woman (Bhil). Same day prosecuterix was medically examined by Dr. Indra Gupta (PW 10) and the report is Ex.P 12. Appellant was arrested on 2.3.2000 and was medically examined by Dr. Yogesh Valimbe(PW 4). His report is Ex.P 3. Doctor found the applicant was capable of performing sexual inter course. After completing the investigation charge sheet was filed and appellant was sent up for trial before the Special Judge Dewas. At trial appellant denied the charges and claimed that he was falsely implicated. However, he led no defence evidence.

(3.) Learned Special Judge, on consideration of prosecution evidence found the appellant guilty on both charges and sentenced him to undergo 7 years R.I. with a fine of Rs. 5,000 u/s. 376 IPC and life imprisonment and fine under section 3(2) (v) of the Act. It was further directed that in default of payment of fine amount of Rs. 6000/ appellant would undergo further jail sentence of six month s simple imprisonment. Both the sentences were directed to concurrently.