SUMAN PARIHAR Vs. SAROJ YADAV

JUDGEMENT

(1.) THE prosecutrix of Special Trial No. 99/2013 (State Vs. Saroj Yadav and others) has filed this appeal under Section 372 of Cr.P.C., being aggrieved by the judgment and order of acquittal dated 12th March, 2014 passed by Special Court under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act, 1989"), whereby the learned Trial Court has acquitted the accused/respondents No. 1 and 2 under Section 376(1) read with Sections 120(B), 342, 354 and 506 (Part -2) of IPC and under Section 3(2)(v) read with Section 3(1)(xi) of the Act, 1989.

(2.) THE present appellant is the prosecutrix in the Trial Court and respondents No. 1 and 2 were accused persons. It is alleged that the prosecutrix is a member of Scheduled Tribes, whereas the accused persons are members of Yadav Caste. On 05.08.2013, the prosecutrix left village Narahi to meet her aunt at village Karera via Udgavan. She boarded a Tata Magic vehicle being driven by the accused Gopal. During the course of journey, accused Gopal had conversation with her. They also exchanged their mobile numbers. After two days, i.e., on 07.08.2013, Gopal called her and asked her to come to village Dinara. When she reached Dinara, he picked her up in the Tata Magic and took her to the house of accused/respondent No. 1 Saroj. She allegedly let the prosecutrix and Gopal remain in the house and locked from outside. The prosecutrix was allegedly subjected to sexual intercourse by Gopal. When she came out, she asked Saroj that did she engage other females in such manner ? Saroj said to her that if she does not do so, how she will get a job.

(3.) AFTER about a month, again Gopal called her and told her that she should forget what has happened and if she really wants a job, she has to come to Ashok Hotel as Madam (accused Saroj) is calling her. When she reached Hotel Ashok in the morning, Gopal again picked her up in a yellow Tata Magic vehicle and said that he will take her to the resident of accused Saroj. But, on the way, he tried to molest her. Therefore, she got some scratches in her breast. She told Gopal that previously also he did such activity, now she will lodge a report. Gopal threatened her of her life. She got down from the vehicle and was running away. Gopal caught her forcibly made her seat in the vehicle. He took her to Dinara Bus Station. When Gopal had gone to pass urine, she got down from the vehicle and went to office of S.D.O.(P) and lodged an oral complaint. Her report Ex. P -5 was lodged. Subsequently, she was medically examined. She was taken to the spot, where accused respondent No. 1/Saroj was living. Spot map was prepared. After the investigation, charge -sheet was filed.