MURLI GIRI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been filed by the accused appellant against the judgment & order dated 7.3.2000 passed by the learned trial Judge SC/ST & Additional Sessions Judge, Alwar Sessions Case No.60/1999 by which the learned Additional Sessions Judge acquitted the accused appellant for offence under Section 3(2)(v) of the Scheduled Castes and the Schedules Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as "the Act of 1989") but convicted the accused appellant for offence under Section 376 IPC & 3(1 )(xii) of the Act of 1989 as follows :

(2.) "Under Section 376 IPC 7 years R.l. and fine of Rs. 1000/- in default 6 months additional R.l. Under Section 3(1 )(vii) of SC/ST Act 5 years R.l. and fine of Rs.500/- in default 3 months additional R.l.

(3.) The brief facts of the case are that on 18.6.1999 PW2 Kishanlal lodged a written report Ex.P/2 with the police that on 14.6.1999 at about 9.00 A.M. his wife PW7 Rajjo Devi (hereinafter referred to as "the prosecutrix") had gone somewhere but on previous evening at about 7.00 P.M. he came to know that she was seen in the company of the accused appellant behind Pahari and thereafter, he went to that place but he did not find her there. But, on 18.6.1999 he went again and he found the prosecutrix PW7 Rajjo Devi sitting there but seeing him she hide herself and entered the house of one Gujar and thereafter when he entered the house of one Gujar he met prosecutrix PW7 thereafter, prosecutrix told him that on 17.6.1999 Kamla Dhobin PW4 left her in the Pahari of the accused appellant and in the night at about 10-11 PM when she was sleeping, accused appellant came to her and after opening her Salwar committed rape with her. On this report, police registered the case of PW7 and got her medically examined vide Medical Report Ex.P/6 and vide Ex.P/10 (Fard Giraftari) the accused appellant was arrested and the challan was filed against him the court of Civil Judge (Jr. Division) & Judicial Magistrate, First Class, Alwar and therefrom the case was committed to the court of Sessions.