SANTOSH KUMAR Vs. STATE OF M P

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 31.3.2010 passed by learned Special Judge Seoni, in Special Case No. 56/2009 convicting the appellant under section 376(2)(f) IPC and sentencing him to suffer rigorous imprisonment of ten years and fine of Rs.1500/- in default to undergo further R.I. for six months, the appellant has knocked the doors of this Court by preferring the appeal under Section 374 (2) of the Code of Criminal Procedure, 1973.

(2.) In brief, the case of the prosecution is that the prosecutrix belongs to a Gond community and is a member of scheduled tribe committing while appellant belongs to a Vishwakarma community, as such, he is not either member of scheduled caste or scheduled tribe community. On 22.6.2009 the age of the prosecutrix was below 12 years. On that date, at 9.00 in the morning the prosecutrix went to pick up the leaves and to graze she-goats where she met with the appellant who offered that he will provide Gutka to her. Thereafter. appellant carried the prosecutrix in the Parchi of the house of Amoldas Patekar where after undressing the prosecutrix, appellant committed sexual intercourse with her. When the prosecutrix screamed, Pappu and Dayaram who were passing away from that place, arrived at the spot and on seeing them, appellant fled from the place of occurrence. The matter was reported by the prosecutrix to her parents and they assembled the villagers.

(3.) After the investigation was over, a charge sheet was submitted in the Special Court who framed the charge punishable under section 376(2)(f) IPC and also under section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) At 1989 (in short 'Act') against the appellant which he denied and requested for the trial.