STATE OF MADHYA PRADESH Vs. SURESH KUMAR KURMI

JUDGEMENT

(1.) This State Appeal is against the judgment of acquittal dated 27.08.1999 passed in Special Criminal Case No.83/1998 by the Special Judge, (Scheduled Caste, Scheduled Tribe), Jabalpur from the charge of commission of offence punishable under Section 376(1) of the Indian Penal Code and Section 3(2)(v) of the Scheduled Caste/Scheduled Tribe (Prevention of Atrocities) Act, 1989.

(2.) As per the prosecution story, on 09.12.1998 when the prosecutrix (PW-6) was in the field at about 11:00 AM, the accused came there and committed rape upon her. When she raised alarm, one Tulsiram (PW-2) who was near his field having heard her cries came there and found that the accused was lying on the body of the prosecutrix and found them in a naked condition and on coming Tulsiram on the spot, the accused ran away from the spot. Thereafter, the prosecutrix told about the commission of rape by the accused Suresh Kumar Kurmi S/o Nonelal aged about 18 years to Mulayam Bai (PW-7). Thereafter, the prosecutrix went to her house. Her husband had gone to his native place and soon after he came back at night and in the next morning of 11.12.1998, they went to the Police Station, Patan and lodged the FIR. Upon completion of investigation, the charge-sheet was filed. The accused has been charged for the offence punishable under Section 376 of the IPC read with Section 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 to which he pleaded innocence.

(3.) The prosecution, in order to prove its case, has examined as many as 9 witnesses namely, Suraj Patel (PW-1), Tulsi Ram (PW-2), Dr. Smt. Kusum Jain (PW-3), Dr. S.P.Singh (PW-4), Komal Prasad Tiwari (PW5), Tulsa Bai (PW-6), Mulayam Bai (PW-7), Roop Lal (PW-8) and Shri Atul Singh (PW-9).