RAJU Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal from jail has been filed by the accused appellant against the judgment and order dated 10.3.2000 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases (Additional Sessions Judge), Pratapgarh by which he acquitted accused Smt. Munni Bai of the charges under section 366 IPC and 3(2)(5) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'SC/ST Act, 1989') and he also acquitted the accused appellant Raju of the charges under section 376 IPC and 3(2)(v) of the SC/ST Act, 1989, but convicted the accused appellant for the offence under section 363 IPC instead of 366 IPC and sentenced him to four years' RI and to pay fine of Rs. 500/-, in default of payment of fine, to further undergo three months RI.

(2.) Since the accused appellant was not being represented by anybody, this Court vide order dated 18.10.2000 appointed Shri B.L. Khatri, Advocate as Amicus Curiae, who argued the case on behalf of the accused appellant, who is in jail.

(3.) The facts giving rise to this appeal, in short, are as follows: - On 6.9.1997 at about 1.00 PM, Onkarlal, PW 8 made an oral report Ex.P/8 with the Police Station, Nimbahera District Chittorgarh stating inter alia that on 4.9.1997 in the night he and his wife Bhagdibai, sons Pappu and Rameshwar and daughter Sugna, PW 5 (hereinafter referred to as the prosecutrix) were sleeping in the house after taking food and at about 4.00 AM he was told by his wife Bhagdibai that prosecutrix aged about 12 years was not in the house. Thereafter, prosecutrix was searched and it was found that the accused appellant, who was the tenant of the neighbour Nanuram, was also not found in that house and thereafter, PW 8 Onkarlal was told by one Khemraj that on the date of occurrence both prosecutrix and the accused appellant came to Tantarmala and the prosecutrix, who was handicapped by both legs, was being taken away on bicycle by the accused appellant with an intention that she may be compelled to marry any person.