KARU SURYAWANSHI Vs. STATE OF M.P.

JUDGEMENT

(1.) Appellant Karu Suryawanshi has filed this appeal under Section 374 of Criminal Procedure Code, 1973 being aggrieved by the judgment dated 06.02.2007 passed by the learned Special (Sessions) Judge, District Betul in Special Case No.45/2006 (State of M.P. Through P.S. AJAK Betul vs. Karu), whereby the appellant was convicted under Section 376(1) of the IPC and awarded a punishment of rigorous imprisonment of ten years and fine of Rs.10,000/- , in default of payment of fine, further to suffer three years' rigorous imprisonment.

(2.) (A) The case in hand has a very peculiar circumstance that prosecutrix of this case is not examined because, she is deaf and dumb. The case of prosecution as stated in the F I R in short is that on 06.01.2006 at about 10:00 AM the prosecutrix went near to the fields of Babulal to ease herself, at that point of time accused caught hold and unrobed her on fields committed rape. Because, the prosecutrix was unable to speak and communicate the signs hence, her brother Manikrao reported the matter. The source of incident mentioned in the FIR is that Chandrakala who was grazing her cattle witnessed the incident and informed Hasantibai that the accused slept over the prosecutrix after unrobed her. Hasantibai informed this matter to Gendu and grandfather of the prosecutrix. In the night at above 8 PM Dondibai, mother of the prosecutrix informed the incident to Manikrao. Gendu also informed the matter to Janpad member Raj Kumar Uike. Manikrao reported the matter on 07.01.2006 which set criminal law in motion.

(3.) The learned trial Court on the basis of evidence available on record framed charge against the appellant punishable under Section 376(1) of Indian Penal Code and Section 3(2)(5) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,1989, who abjured his guilt, therefore, was put to trial.