LEKHRAM RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal under Section 374(2) of the Code of Criminal Procedure (hereinafter to be referred as the Cr.P.C.) read with Section 14-A(1) of the SC/ST (Prevention of Atrocities) Act has been filed by the appellant being aggrieved by the judgment of conviction and order of sentence dated 31.1.2018 passed by Special Judge, SC/ST (Prevention of Atrocities) Act, Narsinghpur in Special Case No. 34/2016 whereby the appellant has been convicted for the charge under Section 376(1) of the IPC and Sections 3 (1)(xii), 3(2)(v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Atrocities Act) and sentenced to R.I. for 7 years with fine of Rs.2000/-, R.I. for 5 years with fine of Rs.2000/- and life imprisonment with fine of Rs.2000/- respectively with default stipulations. All the sentences are directed to run concurrently.

(2.) As per prosecution's case, the prosecutrix (PW-3) was a resident of village Juwara and engaged in house-hold work. The husband of the prosecutrix stored the Paddy after getting it thrashed in the go-down of the house of Kabraji where the accused used to work as Bataidar. On 14.1.2016 at about 12:00 PM in the noon when the prosecutrix had gone to the house of Kabraji to take Paddy bags, the accused caught hold the hand of the prosecutrix, forcefully taken her in a room and committed rape upon her and threatened her to kill, if disclosed to anyone. When the husband of the prosecutrix came back from Gadarwara, she informed about the incident to him as well as to her son Raghvendra and on 16.1.2016 i.e. after two days, the First Information Report was lodged at Police Station Saikheda. Medical examination was conducted. The Police has completed other investigations like preparation of the spot map, collection of the Caste Certificate. The slide was sent for FSL examination.

(3.) The accused abjured the guilt and demanded for trial taking defence that he resides in a joint family at village Chandaun and his father has been working with Kabra Seth for last about 20-25 years and looks after his agriculture. He belongs to Rajpoot community, other villagers belong to Gurjar community with whom the husband of the prosecutrix resides. The people of Gurjar community intended that the father of the accused should leave the work of Kabra Seth, therefore, the false report was lodged. It was further said that the prosecutrix is 50 years of age and has two major sons. At the relevant point of time, he was working in the field of Prakash Mehra (DW-1), however, the accused has been falsely implicated in the case. Learned trial Court relied upon the testimony of the prosecutrix (PW-3) to convict the appellant without considering the defence of the accused, however, this appeal has been preferred.