STATE OF RAJASTHAN Vs. HANUMAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 29th Oct., 1990 whereby the Special Judge, SC/ST (Prevention of Atrocities Cases), Kota has acquitted the accused respondent Hanuman in the offences under Sec. 3 (2) (V) of Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to be as the 'Act of 1989') and Sec. 376 of 5 IPC.

(2.) The prosecution story succinctly runs as under:-

(3.) The Investigating Officer recorded the statements of witnesses acquainted with the facts and circumstances of the case, prepared the site plan Ex.P/8, seized 'Gaghara' of the prosecutrix vide memo Ex.P/9, 'Chappal' vide Ex.P/10, got the prosecutrix medically examined to ascertain the commission of rape and also to determine her age, arrested the accused Hanuman vide memo Ex.P/5 and after usual investigation, the S.H.O., filed challan against him in the Court. The accused Hanuman was charged for the offences under Sec. 376 of Penal Code and Sec. 3(2)(V) of the 'Act 1989'. The accused denied the guilt and claimed trial. The prosecution examined as many as 13 witnesses to prove its case. The accused in his statement under Sec. 313 of Cr.PC., claimed innocence. He has produced two witnesses DW/1 Uda and DW/2 Motilal in defence. On completion of trial, the trial Court having not found the accused respondent guilty, acquitted him of all the charges. Hence this State Appeal.