UDAI SINGH Vs. STATE OF M P

JUDGEMENT

(1.) This judgment shall dispose of the aforesaid criminal appeal filed under Section 374 (2) of Cr.P.C. aggrieved by the judgment dated 27.09.2001 delivered by the learned Special Sessions Judge, Ratlam in S.T.No.21/2001 whereby the appellant has been convicted under Sections 323,377,506 and Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and has been sentenced to undergo R.I. for one year under Section 323, R.I. for 10 years under Section 377 and R.I. for two years under Section 506 IPC and has been sentenced to life for the offence under Section 3(2)(v) of the SC/ST (Prevention of Atrocities) Act besides payment of fine of Rs.500/- on each count and in default of payment of fine to further under R.I. for three months each.

(2.) Briefly stating it is the case of the prosecution that on 19.04.2001 at about 10 P.M. victim Mangu after taking food from his house had gone near the well for giving roti to his dog. At that time, appellant Udaisingh came there and started inquiring about the son of the victim. On being told that Babu is not there, the appellant caught hold of the victim(complainant) and took him towards agricultural field of Kalusingh near a Imli tree and thereafter the appellant beat the complainant and opened his dhoti and bandi. Thereafter the appellant did unnatural sexual intercourse with the complainant. After some time he took the complainant towards the well of Bherulal and there he took him under a Mango tree, there again he committed similar act with the complainant. Thereafter the appellant took him towards the well of Babuji and gave a threat that if you tell all these things to anyone he would be killed.

(3.) It is further case of the prosecution that Mangu who has appeared as PW-5 came back to his house and told everything to his daughter Nagubai. He also informed the Chowkidar and also to his son Babu and Mohanlal. On that date, since it was late night on the next day, they went to the police station Alot which is located 15 Kms from the place of incident at about 7.30 got lodged the FIR Ex.P-1. After recording the FIR, the Station House Officer sent Mangu to the primary Health Centre, Alot. Dr. Anuradha Choudhary, PW-8 examined Mangu on the same day at about 9.50 A.M. She noticed that there were certain injuries near Maldwar of the complainant comprising of abrasions and fresh blood was found. On the right hand side of the nose, there was scratch. The report given by the doctor is Ex.P-5. Clothes of Mangu were taken by Mangilal which were taken in possession vide Ex.P-3. Since the complainant belongs to SC/ST community, the investigation was done by S.I. M.M.Khan (PW-10) and appellant was arrested and sent for medical examination. Dr. B.L.Chaturvedi PW-9 conducted the medical examination of the appellant, where he was found capable of committing sexual intercourse. The certificate given by the doctor is Ex.P-6.