NATHU RAM AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal appeal has been filed under Section 374(2) Cr.P.C. against the judgment and order dated 21.04.1995 passed by learned Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar (for short "the trial court") in Sessions Case No.146/1994 whereby the learned trial Court convicted and sentenced the accused-appellants as under : <FRM>JUDGEMENT_114_LAWS(RAJ)6_2016_1.html</FRM>

(2.) As per the case set up by the prosecution, on 17.02.1994 at about 3 PM a written complaint was submitted by one Sohan Lal at Police Station Suratgarh stating that on 16.02.1994 at about 8:30 PM he was working in his field and his wife was alone in the house. At that time, the accused-appellants came in his house and tried to outrage the modesty of his wife. On her shouting for help, Hanuman and Jetha Ram came at the place of occurrence. Thereafter the accused-appellants ran away from there. Thereafter a Panchayat was held for resolution of the matter but the accused-appellants did come in the Panchayat. On the said written complaint, the Police registered FIR against the accused-appellants for offences under Sections 457, 376/511 IPC and Section 3 of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter "the Act of 1989") and commenced investigation. After due investigation, the police filed challan against the accused-appellants for the aforesaid offences before the Additional Chief Judicial Magistrate, Suratgarh. Thereafter the case was committed to the Court of Special Judge, SC/ST (Prevention of Atrocities) Act Cases, Sri Ganganagar for trial.

(3.) After hearing the arguments and considering the material on record, the learned trial court framed charges against accused-appellant Nathuram for offences under Sections 450, 376/511 IPC and against the accused-appellant Ram Pratap for offences under Sections 450, 376/511 IPC read with Section 3(2)(v) of the Act of 1989. They pleaded guilty and claimed trial.