SHANKAR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE appellant has preferred the present appeal being aggrieved with the judgment dated 10.11.2011 passed by the Special Judge under SC/ST (Prevention of Atrocities) Act, Damoh in Special Case No17/2009 whereby the appellant is convicted for the offence under Sections 376(2)(g) and 506 (Part -II) of IPC and sentenced with ten years' RI with fine of Rs.5,000/ - and three years' RI, in default of payment of fine, additional RI for six months.

(2.) THE prosecution case, in short, is that the prosecutrix (PW -1) was a student, who was working in the house of one Rekwar Sahab resident of Housing Board Colony, Damoh in the evening hours. On 31.10.2008 when the prosecutrix was coming back from the house of Rekwar and she reached near the culvert by the Housing Board Irrigation Colony, the appellant and his companions detained her. The appellant held here hands and dragged her in a gutter near the culvert. The appellant administered some liquor to the prosecutrix and thereafter he did rape with the prosecutrix. At the time of incident the companions of the appellant were teasing the prosecutrix by moving their hands on her body. Thereafter the prosecutrix was left to the spot and she became unconscious. When she gained consciousness, she went to her house and informed about the incident to her mother Tulsa Bai (PW -3), one Bhagwati (PW -4) and others. She was taken to the Kotwali Police Station, Damoh where she had lodged an FIR Ex.P -1 on the same day at about 12:05 AM in the night. She was sent for her medico legal examination in the night itself. Dr. Shraddha Gangele (PW -8) examined her and gave a report Ex.P -11. She found that blood was oozing from the vagina of the prosecutrix and after cleaning one small abrasion was found on the exterior part of the vagina. Dr. Shraddha Gangele took yellow salwar of the prosecutrix and also prepared two slides of vaginal swab and such articles were handed over to the concerned lady constable. After due investigation, a charge sheet was filed before the CJM Damoh, who committed the case to the Special Court under SC/ST (Prevention of Atrocities) Act (hereinafter referred to as "Special Act").

(3.) THE learned Special Judge, Damoh after considering the prosecution evidence acquitted the appellant from the charge of Section 3(2)(v) of the Special Act, but convicted the appellant for the offence under Sections 376(2)(g) and 506 (Part -II) of IPC and sentenced him as mentioned above. The co -accused Neeraj Singh was also acquitted by the trial Court, because his identification could not be established by the prosecution.