RAJE @ RAJESH DHOBI Vs. STATE OF M P

JUDGEMENT

(1.) This appeal under Section 374 of CrPC has been filed against the judgment dated 10/12/2011 passed by Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Bhind in Special Sessions Trial No.12/2008 (Atrocities) for offence punishable under Section 376(2)(f) of IPC and has been sentenced to ten years rigorous imprisonment and a fine of Rs.5,000/- with default imprisonment.

(2.) The necessary facts for the disposal of the present appeal are that the prosecutrix lodged a FIR on 02/12/2007 at about 19:30 alleging that at about 2:00 in the afternoon, when her mother had gone to market, at that time, the appellant instructed the prosecutrix to collect certain vegetables from his house. At about 3:00PM, when she went to the house of the appellant, he closed the door from inside and threw her on the mattress lying on the floor and without her consent, forcibly committed rape on her. After the commission of rape, while she was coming back to her house and was crying, she met with one Ramnivas Rathore on the way and informed him about the entire incident. When her mother also came back to the house, the incident was narrated to her. Accordingly, the FIR was lodged. The police after investigation arrested the appellant and sent vagina slides, swab and undergarments of the prosecutrix as well as undergarment of the appellant for FSL. In the FSL report, in the aginal slide, swab, undergarment of the prosecutrix as well as on the undergarment of the appellant, human semen and human sperms were found. After recording the statements of the witnesses and completing the investigation, the Investigating Agency filed the charge-sheet.

(3.) The Trial Court, by order dated 20/06/2008, framed charges under Section 376/511 of IPC and under Section 3(1) (2) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. During the pendency of the trial, the charges were altered and by order dated 29/09/2009, charges under Section 376(2)(f) or in alternative 376(1) of IPC and under Section 3(2)(V) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, were framed.