HARISHANKAR Vs. STATE OF M.P.

JUDGEMENT

(1.) This appeal has been filed by the accused against the order and judgment of conviction and sentence dated 26/04/2007 whereby the learned Special Judge, S.C. & S.T. (Prevention of Atrocities) Act, 1989 Rajgarh(Biaora), District - Rajgarh in Special Case No.105/2006 has convicted the appellant for offence under Sections 376(1) of IPC read with Section 3 (2) (v) of S.C. & S.T.(Prevention of Atrocities) Act and sentenced him to undergo R.I. for Life with fine of Rs.1,000/- and in default of payment of fine, 6 months additional R.I. and also convicted the appellant under Section 506 of IPC and sentenced him to undergo 1 year R.I. with fine of Rs.500/- and in default of payment of fine, 3 months additional R.I.

(2.) As per prosecution story, on 7/10/2006 at about 10.00 - 11.00 p.m., in the night, when the prosecutrix(PW2) was sleeping in her house along with her three children and her husband has gone at the house of his neighbour - Pandaji for watching T.V., suddenly the appellant/accused came to her house, opened the door and forcefully committed rape on her. After that when he was wearing his clothes and was about to go from the room, Banesingh(PW3), husband of the prosecutrix came there. On seeing him, the accused ran away from the place of occurrence. Thereafter, she narrated the whole incident to her husband and, on 8/10/2006, she lodged FIR(Ex-P/3) vide Crime No.254/2006 in respect of incident dated 7/10/2006. In the FIR, she has stated that when her husband came to the house, at that time, the appellant was wearing clothes and on seeing her husband, he ran away from the place of occurrence. It is also stated that the alleged offence has been registered against the appellant because the prosecutrix belongs to the Scheduled Tribe.

(3.) After investigation, the challan was filed before the trial Court on the basis of the fact that prosecutrix belongs to the Schedule Tribe, a case under Sections 506 and 376 of IPC and under Section 3 (2) (v) of S.C./S.T. (Prevention of Atrocities) Act, 1989 (in short "the Act"), were registered against the accused. The Sessions Court, after conducting the trial by its impugned order dated 26/04/2007, convicted and sentenced the appellant as aforementioned.