(1.) This criminal appeal has been preferred being aggrieved by the judgment, finding and sentence dated 08.04.2003 passed by the Special (Sessions) Judge, Narsinghpur in Special Case No.134/92 whereby the appellant has been convicted under Section 376 and 450 of I.P.C. and sentenced to 7 years R.I. and fine of Rs.100/-, in default of payment of fine to further undergo R.I. for one month each. The sentences of imprisonment are directed to run concurrently.
(2.) The prosecution story in brief is that the victim was married with Punnu. Her husband went to Jabalpur to his sister. She was alone at her house. On 29.06.1992 after taking meals she was sleeping alongwith her son and daughter on the ground of courtyard of her house. The light of courtyard was on. At about 1:00 a.m. appellant came there, she awakened. The appellant took out the knife and stated her not to cry, therefore, she remained silent on account of fear. The appellant put off the light of courtyard. He came to her, started lifting her petticoat and dhoti. She tried to resist and cried but he pressed her mouth and put the knife on her breast and asked her to lie silently. He lifted her petticoat and dhoti and penetrated his male organ in her private part. She was resisting. The appellant also pressed her breast. After committing the intercourse he threatened not to disclose the incident to anybody else otherwise he will kill her, therefore, she did not tell the incident to anybody in the night and she was waiting for returning of her husband from Jabalpur but he did not return. Then she told the incident to Govind, Raju and also to the wife of Hakam Gwal, then she reached on police station Themi alongwith Govind and Raju and lodge the report on 29.06.1992 at 12:30 p.m. The crime No.113/92 under Section 448, 376, 506-B of I.P.C. and 3(1)(xi) of S.C./S.T. (Prevention of Atrocities) Act was registered against the appellant.
(3.) The appellant was charged under Section 3(1)(xi) of S.C./S.T. (Prevention of Atrocities) Act, 1989 and Section 450 and 376 of I.P.C. alleging that on 29.06.1992 at 1:00 a.m. at village Mekh in the jurisdiction of police station Themi the appellant not being a member of S.C. or S.T. and the victim being the member of S.C. assaulted or used force against her with intent to dishonour or outrage her modesty. It was also alleged that he committed house trespass by entering into her house, used as a human dwelling in order to commission of rape which is punishable with imprisonment for life and thereby committed rape on her.