STATE OF RAJ. Vs. BHAGIRATH SINGH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated 18th April, 1994 whereby the special Judge (S.C./S.T. (Prevention of Atrocities Cases) Sawai Madhopur acquitted the accused respondent Bhagirath Singh S/o. Shri Ishwar Singh in the offences under Sec. 376 of IPC and Sec. 3(2)(v) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act 1989'). The prosecution story is woven like this:

(2.) The accused was indicted for the offence under Sec. 376 of IPC and Sec. 3(2)(v) of Act, 1989 who pleaded not guilty and claimed trial. The prosecution has examined as many as eleven witnesses to prove its case. In his explanation under Sec. 313 of Cr.P.C. the accused claimed innocence and submitted the plea of alibi stating that on 25th August, 1990 he had gone to attend the Court proceeding at Dausa. The accused examined three witnesses in defence. On completion of trial, the Court acquitted the accused as indicated hereinabove.

(3.) Heard the learned Public Prosecutor appearing for the State, learned counsel for respondent and with their assistance scanned the material available on record.