TERA @ TEJMAL Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal has been filed by the appellant under Section 374 (2) of Cr.P.C being aggrieved by impugned judgment of conviction and or- der of sentence dated 15.12.2011 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, Burhanpur, District Burhanpur in Special case no.12/2011 whereby the appellant has been convicted for the of- fence under Sections 376 and 506 Part-II of the I.P.C and sentenced to undergo R.I. for 10 years with fine of Rs.1000/- with default stipulation and RI for 3 years with a direction that both the sentences shall run con- currently.

(2.) The facts giving rise to this appeal are that on 2.5.2011 near about 11 am the prosecutrix (PW-6) age about 26 years with her sister Sangeeta (PW-7) were coming back from village Chillara to their village Usarani. In the way the appellant/ accused came from back side and caught hold the prosecutrix and lay her down and after raising her skirt committed sexual intercourse with the prosecutrix. When she was cry- ing he gagged her mouth and threatened that if she cried he would kill her and her sister Sangeeta (PW-7) being frightened was watching the incident from some distance from the spot. After committing inter- course, the appellant fled away from the spot and the prosecutrix and her sister Sangeeta (PW-7) came their house and disclosed the incident to their family members. Thereafter, on the same day, FIR was lodged at Police Station AJAK, Burharpur where crime no.3/11 was registered. After completion of the investigation, a charge sheet was filed against the appellant and he was tried by the Special Judge under Sections 376, 506 Part-2 of the IPC and Sections 3 (1) (xii) and 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act. The appellant abjured the guilt and claimed to be tried. His defence was that he has been falsely implicated with a view to get the compensation from the government.

(3.) After completion of trial, on appreciation of entire evidence and material on record, learned trial court acquitted the appellant of the of- fence punishable under Sections 3 (1) (xii) and 3 (2) (v) of the SC/ST (Prevention of Atrocities) Act and convicted under Sections 376 and 506 Part-II of the IPC and sentenced as mentioned earlier. Hence, this appeal.