BALIRAM @ NIRANJAN NATH Vs. STATE OF M P

JUDGEMENT

(1.) The appellant has preferred this appeal against the judgment dated 20.3.2009 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Khandwa in Special Case No.37/2008 whereby the appellant was convicted for the offence under Section 506 of IPC and sentenced with two years' RI with fine of Rs.1,000/-, in default of payment of fine, three months RI was also directed.

(2.) The prosecution case, in short, is that the appellant was doing witchcraft at his residence at Village Rohani (Police Station Moondi District Khandwa). He involved the prosecutrix (PW-3) in his witchcraft. On 6.4.2008 at about 5:00 PM the appellant directed the prosecutrix and her husband Narmada Prasad (PW-1) that the prosecutrix should be brought for witchcraft and thereafter at 7:00 PM the appellant did the ritual. At about 9:00 he directed the prosecutrix and her son to sleep on various beds. At 11:30 PM he committed rape upon the prosecutrix. On her shouting, her husband Narmada Prasad came to the spot, and therefore the appellant threatened the prosecutrix as well as her husband. Thereafter the prosecutrix and her husband went to their residence and on 14.4.2008 the prosecutrix had lodged an FIR Ex.P-2. After her medico legal examination, a charge sheet was filed which was duly committed to the Special Court.

(3.) The appellant-accused abjured his guilt. He did not take any specific plea, but he denied all the allegations levelled against him. However, in defence Vikram Singh (DW-1) was examined.