SIDDHAR Vs. STATE OF MP

JUDGEMENT

(1.) Feeling aggrieved by the judgment of conviction and order of sentence dated 4.1.2001 passed by the learned Special Judge, Shivpuri in Special Case No. 76/2000 convicting athe appellant under Section 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short, "the Act") as well as under Section 376 (1) of IPC and thereby sentencing him to suffer life imprisonment and fine of Rs. 10,000/-, in default, further RI of two years, the appellant has knocked the doors of this Court by preferring this appeal under Section 374 (2) of Code of Criminal Procedure, 1973.

(2.) In brief, the case of prosecution is that the prosecutrix is the daughter of Ramvati Bai. These persons are the members of the Scheduled Caste community. At the relevant point of time, both of them were residing in Sanjay Colony, Shivpuri. The father of the prosecutrix had already died. On the fateful day i.e. on 14/5/2000 at 8.00 in the morning, the appellant arrived at the house of prosecutrix having age of 12 years and asked her mother that in some religious function, he has to provide meals to unmarried female children (Kanyabhoj), hence, he requested the mother of the prosecutrix to accompany the prosecutrix with him so that she may be included in that religious function and he also assured the mother of the prosecutrix that after providing meals to her, he will leave the prosecutrix to her house. The mother of the prosecutrix accepted the request of the appellant and gave permission to the appellant to accompany her daughter (prosecutrix). Thereafter, the appellant carried the prosecutrix in a jeep and brought her to Khubat Ghati. It is said that in the jungle of Khubat Ghati, the appellant committed sexual intercourse with the prosecutrix against her will and wishes. The prosecutrix in weeping condition came from the jungle of Khubat Ghati to the main road, where she stopped a bus and narrated the incident to Pancham (PW-3) and Harikishan (PW-5) who were travelling in the same bus.

(3.) The prosecutrix after reaching at her house also narrated the incident to her mother. Eventually, mother by carrying the prosecutrix came to police chowki and a report was lodged by the prosecutrix. Since the offence was committed within the territorial jurisdiction of Police Station Satanwada, the First Information Report was sent to the said police station. On the basis of which the Police Satanwada registered a case against the appellant under Section 376 (1) of IPC read with section 3(1) (xii) of the Act. Since, the case was registered under the provisions of the Act also, the SDO (P) Shivpuri investigated the matter.