STATE Vs. SHIV RAJ SINGH

JUDGEMENT

(1.) This appeal is preferred by the State of Rajasthan against the judgment and order dated 05.08.1992, passed by learned Special Judge, Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act Cases, Sri Ganganagar (for short, "the learned trial court") in Criminal Case No. 65/1991 by which the learned trial court acquitted the accused-respondent Shivraj Singh from the offences under Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 and Section 376 I.P.C.

(2.) In brief, the facts of the case are that on 05.10.1991 complainant Parvati filed a complaint (Ex.-P1) before the SHO, Police Station, Sangariya. In the said complaint, it is mentioned that on 05.10.1991 when she was in field about 5:00 PM in evening, she was cutting grass for her goats from neighbouring farm, where accused-respondent Shivraj Singh came and forcibly took her to Narma farm where he committed rape with her. On the basis of the said complaint, FIR No. 362/1991 was registered in the Police Station, Sangariya and investigation commenced. After completion of investigation, police filed the charge-sheet against the accused-respondent.

(3.) After hearing the charge arguments on 04.02.1992, learned trial court framed the charges for the offence under Section 376 I.P.C. and Section 3(2)(v) of Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act. The accused person denied the same and claimed trial.