RATANIYA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant Rataniya was charged under Section 376 Indian Penal Code. for having committed forcible sexual intercourse with prosecutrix Mst. Bhagudi aged 14 years. He was also charged for offence under Section 3(2)(v) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the SC/ST Act). On trial the learned Special Judge, SC/ST (Prevention of Atrocities) Act, Cases, Pratapgarh by judgment dated 7.9.2005 convicted him of offence under Section 376 Indian Penal Code. and sentenced to 7 years rigorous imprisonment and to pay a fine of Rs. 1,000/-; in default of payment to further undergo one month simple imprisonment. For offence under the provisions of SC/ST Act he has been sentenced to imprisonment for life and to pay a fine of Rs. 1,000/- and in default of payment to further undergo one month simple imprisonment. Both the sentences have been ordered to run concurrently.

(2.) The prosecution case as unfolded during trial is that on 13.2.2005 PW-1 Mst. Bhagudi @ Bhagwani (hereinafter referred to as the victim) gave an oral information to PW-12 Kailash Singh, Head Constable, Police Station, Gangrar while in the Hospital at Gangrar to the effect on the same day in the afternoon at about 4.00 P.M., while she was grazing cattle in the field of Jodha Ba, the appellant Rataniya, a resident of Indora, who was also grazing cattle in the nearby field approached and asked her to put off clothes as he would have sexual intercourse with her. She declined to obey his command, on which the appellant pounced upon her and pinned down of the ground. He removed her Lehanga and underwear and threw them and committed rape on her. When she tried to raise voice he closed her mouth with palm and gave threatening of life. The appellant after committing the rape went away. The prosecutrix reached home and narrated the incident to her mother PW-2 Smt. Kanku and uncle PW-3 Rameshwarlal. On this information police registered a case for offence under Section 376 Indian Penal Code. and under the SC/ST Act. After usual investigation police laid charge-sheet against the appellant for the aforesaid offences.

(3.) The appellant denied the charges levelled against him and claimed trial. The prosecution adduced oral and documentary evidence. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. The trial Court having found the prosecution case proved convicted and sentenced the appellant in the manner stated above.