BABLU ABDUL AKHTAR Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred by appellants against their judgment of conviction and order of sentence passed by the Trial Court under section 376(2)(g) and 366 of the Indian Penal Code (in short the IPC) as well as under section 3(ii)(v) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act).

(2.) In brief the case of prosecution is that prosecutrix is a member of scheduled tribe community being a Gond and she happens to reside with her widow mother Kalabai. On 26/1/1996 at 8 p.m. the prosecutrix was inside her Tapra with her mother, at that juncture accused persons entered in the Tapra and forcibly took away the prosecutrix with them. The accused persons kept prosecutrix in night inside a room and committed rape on her. The mother, though searched the prosecutrix, but later on came back. On 27/1/1996 at 12.35 p.m., the mother of prosecutrix lodged First Information Report narrating the entire episode. Next day, the prosecutrix anyhow escaped and she came to her Tapra. The police, after recording her statement under section 161, Criminal Procedure Code sent the prosecutrix for medical examination. Thereafter on 27/3/1996 accused persons were arrested and since they were not known earlier to the prosecutrix and her mother, they were subjected to test identification parade in which they were rightly identified by the prosecutrix as well as by her mother.

(3.) After completion of investigation, a charge sheet was submitted in the competent Court which committed the case to the Special Court. The Special Judge framed charges punishable under sections 366 and 376, Indian Penal Code against accused persons. The Special Judge also framed charge punishable under section 3(ii)(v) of the Act. Both the accused persons denied the charges.