BINAYAK CHAND Vs. STATE

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 27.1.97 passed by Shri L.K. Mishra, Special Judge, Koraput/ Nowarangpur/Malkangiri/Rayagada at Jeypore in T.R. Case No. 9 of 1996, convicting the Appellant under Section 376(1) of the Indian Penal Code (for short 'I.P.C.') and sentencing him to undergo rigorous imprisonment for seven years and acquitting the Appellant of the charge under Section 3(2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the Act').

(2.) BRIEFLY stated, the prosecution case is as follows:

(3.) MR . P.K. Panda, Advocate, on behalf of Mr. Manoj Misra, learned Counsel for the Appellant and Sri S. Pradhan, Additional Standing Counsel were heard at length. While Shri Panda contended that the impugned judgment of conviction cannot be sustained for improper appreciation of evidence by the trial Court, the learned Additional Standing Counsel supported the impugned Judgment.