BALKARAN SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The appellant ('the accused' for short) was charged and tried by the learned Special Judge, SC/ST Atrocities Cases, Hanumangarh in Sessions Case No.17 of 2002 for commission of the offences punishable under Sections 366, 376 of the Indian Penal Code ('IPC' for short) and under Sec. 3 (2) (v) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 ('the Atrocities Act' for short) on the accusation that on 16.10.2001 at about 4 PM when Shilo d/o Pala Ram, aged about 15 years, who belongs to Scheduled Caste, went to the shop for purchasing household articles, he had forcibly kidnapped her and thereafter committed rape upon her without her will and wish.

(2.) At the end of the trial, the accused was found guilty of the charge levelled against him therefore vide judgment and order dated 26.04.2005 he was convicted and sentenced as under: <FRM>JUDGEMENT_300_LAWS(RAJ)9_2009_1.html</FRM>

(3.) The accused aggrieved by the judgment and order of conviction and sentence, has filed instant appeal with the aid of Sec. 374 of the Code of Criminal Procedure, 1973 ('the Code' for short).