RAGHUNATH SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been preferred by the appellant Raghunath Singh challenging the judgment dated 16.07.2004, passed by the Special Judge under the SC/ST (Prevention of Atrocities) Act [for brevity of 'the Act, 1989'), Jabalpur in S.T. No.425/03, wherein the appellant has been acquitted from the offences punishable under sections 376(1) (two counts), 376(1) read with section 3(2)(v) of the 'Act, 1989' and section 366 (A) of the IPC, but he has been convicted for offence punishable under section 363 of the IPC and sentenced to three years RI with fine of Rs. 100/- and in lieu of fine, S.I. for five days.

(2.) Factual matrix of the prosecution case in brief is that the prosecutrix (PW-3) and the accused were known to each other and they were living in the same village. On 25.03.2003, when the prosecutrix had gone to attend the call of nature, the accused found her alone and committed sexual intercourse by enticing to marry with her. He also allured her, not to inform this to her family members. On 26.03.2003, the accused/appellant enticed the minor prosecutrix and at about 2:30 am in the night, eloped her. She was taken to Nandghat and subjected to sexual intercourse. Thereafter, she was taken to Surat (Gujarat), where the accused putting vermilion on her forehead in the temple and married her. They came back to Nandghat and lived there. The appellant fled away from there. The prosecutrix returned to her home and narrated the whole incident to her mother Janki Bai (PW-4). On the report of prosecutrix, Police Station, Sihora on 17.06.2003, FIR (Ex.P/8) was lodged. After due investigation, charge sheet has been filed.

(3.) Subsequent to committal of the case and transfer of the sessions trial to the Court of Special Judge Jabalpur, charges have been framed as stated above. Accused/appellant abjured guilt. He pleaded false implication.