STATE OF MADHYA PRADESH Vs. RAMESHWAR

JUDGEMENT

(1.) The State has preferred the present appeal against the judgment dated 10.4.2003 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Hoshangabad in Special Case No.123/2001, whereby the respondents have been acquitted of the charges of offence punishable under Section 376(2)(g) of IPC and Section 3(2) (v) of SC/ST (Prevention of Atrocities) Act (hereinafter referred to as "Special Act").

(2.) The prosecution story, in short, is that on 9.3.2001 at about 5:00 PM the prosecutrix (PW4) was going to answer the call of nature towards an open field from her house at Village Nandra (Police Station Timarni, District Harda). The respondents saw her all alone, and therefore they held the prosecutrix and forced her down on the ground near the field of Ramdas Rathi. Respondents Rameshwar and Radheyshyam they committed rape on her one after another one. Thereafter when she cried, they left her. The prosecutrix went back to her house and informed about the incident to her family members including her mother Krishna (PW1), father Raghunath and brother Mahesh (PW8). Since it was not possible for the prosecutrix to visit the police station in the night, on the next day i.e. on 10.3.2001 she lodged the FIR Ex.P3 at Police Station Timarni. After registration of the case, the prosecutrix was sent for her medico legal examination. Dr. Pushpa Deshmukh (PW2) examined the prosecutrix and gave her report Ex.P1. Nothing abnormal was found in the report, however Dr. Pushpa Deshmukh prepared two slides of vaginal swab of the prosecutrix and also collected a petticoat from the prosecutrix and after due sealing handed over these articles to the concerned Constable for their forensic science analysis. After due investigation, a charge sheet was filed before the JMFC Harda, who committed the case to the Special Court, Hoshangabad.

(3.) The respondents abjured their guilt. They took a plea that the prosecutrix permitted her cattle in their field, who spoiled the crops standing in the field and due to which a quarrel took place. However, to save liability of the prosecutrix, a false FIR was lodged by the prosecutrix. In defence Alkesh (DW1) was examined.