KALYAN PAL Vs. STATE OF M P

JUDGEMENT

(1.) This Criminal Appeal has been filed under Section 374 of Cr.P.C. against the judgment dated 4/4/2017 passed by the Special Judge [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act], Shivpuri in Special Sessions Trial No.7/2016, by which the appellant has been convicted for offence under Sections 366 and 376 (2) (n) of IPC and has been sentenced to undergo rigorous imprisonment of ten years and a fine of Rs. 5,000/- with default imprisonment on both counts. Both the sentences have been directed to run concurrently.

(2.) The necessary facts for disposal of present appeal in short are that the prosecutrix was the permanent resident of village Anandpur, Police Station Dehat, District Datia and her matrimonial house is situated in village Thanra, Police Station Dinara, District Shivpuri. On 11/10/2015 the prosecutrix left her matrimonial house on the pretext of going to her parental home and boarded the bus at Thanra Bus stop. The appellant, who is also the resident of village Thanra noticed that the prosecutrix has boarded the bus, therefore, he also boarded the bus. When the bus reached Dinara bus stand, the appellant requested the prosecutrix to deboard the bus on the pretext of talking to her. When the prosecutrix alighted the bus, then the appellant requested her to accompany him. When it was objected by the prosecutrix, then the appellant extended the threat that he would kill her seven years old boy, as a result of which, the prosecutrix accompanied the appellant, from where they went to Jhansi Bus stand and thereafter from Jhansi Bus stand they went to Babina. At Babina the appellant took a house on rent and stayed there alongwith the prosecutrix for a period of about one and half months and during this period he raped the prosecutrix on several occasions. In the meanwhile, when the prosecutrix did not reach her parental home, then she was searched by her husband. The appellant is also the resident of the same locality where the matrimonial house of the prosecutrix is situated and he too was absent. Accordingly, the husband of the prosecutrix lodged a Gum Insan report at Police Station Dinara and he on his own also was searching for the prosecutrix and the child. Thereafter, he received an information that the prosecutrix and the child are in village Babina from where the prosecutrix alongwith her child were recovered. As the appellant got the information that the husband of the prosecutrix is coming, therefore, he absconded from the spot. The FIR was lodged by the prosecutrix at Police Station Dinara, which was registered as Crime No.463/2015 and accordingly, the police registered an offence under Sections 376, 366, 506 of IPC and under Sections 3 (1) 12 and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act (in short "the Act"). After concluding the investigation, the police filed the chargesheet for the above mentioned offences.

(3.) The trial court by order dated 29/1/2016 framed charge under Sections 366, 376 (2) (n) of IPC and under Section 3 (2) (v) of the Act.