DURGA RAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal under Sec. 374(2) IPC has been preferred against the judgment dtd. 30/3/1995 passed by learned Special Judge, SC/ST (Prevention of Atrocities Cases), Sri Ganganagar in Sessions Case No. 151/94, whereby the accused-appellant was convicted and sentenced for the offences under Sec. 3(1)(xi) of the SC/ST (Prevention of Atrocities) Act, 1989 [hereinafter referred to as Rs.the Act of 1989'] as under :--

(2.) The concise facts of the case are that a First Information Report was registered on the basis of report filed by complainant Kali D/o Veeru Ram to the effect that the complainant stated that she had entered into matrimony with Het Ram approximately one and a half years ago. She further stated that she had been residing with her parents for the past month. It was alleged that on 30/1/1994, when her parents and brothers had gone for labour work and she was alone at home, her neighbour Durga Ram called her and forcibly took her into his dwelling (Dhani) and raped her.

(3.) On the basis of aforesaid report, FIR was registered for commission of offences punishable under Sec. 376 IPC and Sec. 3 of Act of 1989. After due investigation, police filed charge sheet against accused-appellant for offence for offence under Sec. 354 IPC and Sec. 3 of the Act of 1989. Thereafter, the charges of the case were framed for offence under Sec. 354 IPC and Sec. 3 of the Act of 1989. The case was committed to the Court of learned Special Judge, SC/ST (Prevention of Atrocities Cases), Sri Ganganagar, where charges of the case were framed. The appellant denied the charges and claimed trial.