RAMHIT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present appeal has been filed on behalf of the appellant under Sec. 374 being disgruntled by the order dtd. 12/1/2000 passed in Sessions Case No. 23/1997, whereby the appellant has been convicted for the offence under Sec. 376 of the Indian Penal Code, 1860 (hereinafter referred as to 'IPC') for 7 years R.I. with fine of Rs.1,500.00 and default stipulation.

(2.) The Prosecution case in a nutshell is that on 23/2/1997, the complainant/prosecutrix went to pick cotton from her field. At about 2:00 o"clock, appellant Ramhit S/o Shivnarayan came there and said to prosecutrix 'what is she doing", by saying this, the appellant caught hold the hand of prosecutrix. Then, after scuffle, the prosecutrix caught hold the hand of appellant and by another hand, broke head with stone. Due to which, the appellant released her, but again he caught the prosecutrix and knocked her down and put his both knees on her chest. Thereafter, the appellant committed rape upon her. The whole incident was told by her to her husband. Further, both went to police station to lodge FIR, where they were told that SHO was not there. After which, when they were coming back, accused Nandlal, Gabbu, Gendalal and Kishanlal @ Kantiya entered in the police station and surrounded them and also assaulted them by threatened them. Prosecution witnesses Vishnu, Watchman, Ghanshyam, Watchman and Rakesh intervened. An FIR was lodged by the complainant bearing Crime No. 40/1997 for the offence punishable under Ss. 376, 342, 323, 506 and 34 of IPC and Ss. 3(1) 12 of Scheduled Caste and Schedule Tribe (Prevention of Atrocities) Act, 1989 (In short 'SC/ST Act, 1989') at Police Station Khategaon, District Dewas.

(3.) In turn, after completion of investigation, charge-sheet was filed and the case was committed to the Session Judge and thereafter, appellant Ramhit was charged for offence under Ss. 376 of IPC and Sec. 3(2)(5) of SC/ST Act, 1989 and other accused persons were charged for the offence under Ss. 341, 323 and 506 of IPC.