STATE OF M.P. Vs. BABLOO

JUDGEMENT

(1.) AGGRIEVED by the judgment passed by the Sessions Judge under Scheduled Caste and Scheduled Tribe (P.O.A.) Act, 1989 Vidisha on 11.10.2002 in Special Case No. 123/2000 whereby the learned Trial Court has acquitted the respondent under Section 376(1) of IPC and under Section 3(2)(5) of SC/ST (P.O.A.) Act, the State through Police Station Lateri, District Vidisha has filed this appeal under Section 378 of Cr.P.C.

(2.) IT is not disputed that the prosecutrix is a member of Scheduled Tribe and the respondent is not a member of Scheduled Caste or Scheduled Tribe.

(3.) ELDER brother of the accused reached to the place of occurrence and forcibly took him away. Other witnesses Bhaiyalal, Bhagwan Singh, Umashankar (P.W. 8) and Kalyan Singh (P.W. 9) reached the spot. The whole story was narrated by Sardar Singh father of the prosecutrix to them. At the time of incident, the prosecutrix was a student of Class VII. On the next day, the prosecutrix lodged the report at Police Station Lateri. On the same day the villagers forced them not to make any complaint. After the crime was registered at Police Station Lateri, the prosecutrix was sent for medical examination. After completion of the investigation, charge -sheet was filed. The Trial Court framed charges under Section 376 of IPC and under Section 3(2)(5) of SC/ST (P.O.A.) Act. The accused abjured guilt.