GHANSHYAM SINGH RAGHUVANSHI Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been preferred being aggrieved by the judgment of conviction and order of sentence dated 05.02.2001 passed by the learned Special & Sessions Judge, Shivpuri (M.P.) in Special Sessions Trial No.50/2000 (Atrocities) whereby the accused/appellant Ghanshyam Singh Raghvuanshi was convicted under Section 450, 376(1) of IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Act, 1989 [for brevity "the Act"] and sentenced to suffer rigorous imprisonment for two years with a fine of Rs.500/- under Section 450 of IPC and imprisonment for life with a fine of Rs.5,000/- under Section 376(1) of IPC read with Section 3(2)(v) of the Act respectively with default stipulations. It was also ordered that on depositing the total amount of fine of Rs.5,500/-, same be paid to the prosecutrix as compensation.

(2.) As per the prosecution story, the incident occurred on 28.04.1999 at about 11 am. At the relevant point of time, when the prosecutrix was all alone in her house situated in village Indaar and her husband was also not present in the house as he had gone in the village, the accused in an drunken state entered into the house of the prosecutrix after committing house trespass. Thereafter, the accused caught hold of the prosecutrix, threw her on the ground and committed rape on her. It is alleged that before committing said act, the prosecutrix was also abused denoting her caste. After commission of the crime the accused fled away. When the husband of the prosecutrix reached the house, the entire incident was narrated by the prosecutrix to him. Thereafter, FIR Ex.P-3 was lodged. Crime No.56/99 was registered. After completion of investigation, charge sheet was filed.

(3.) To bring home the charges, prosecution has examined as many as nine witnesses, namely, Dr. S.K. Majeji (PW-1), Dr. Smt V. Kumra (PW-2), Bhan Singh Sisodiya (PW-3), M.P. Singh Chouhan (PW-4), prosecutrix (PW-5), Sualal alias Raghuraj (PW-6), Lakhan (PW-7), G.S. Chouhan (PW-8) and Rajesh Kumar Singh (PW-9). Similarly, four witnesses were examined by the accused in defence, namely, Gudda (DW-1), Shivcharan (DW-2), Gyarsi (DW-3) and Virendra Singh (DW-4).