BALDEO SAO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Sole appellant Baldeo Sao stands convicted for the offence punishable under Sections 376 and 450 of the Indian Penal Code and sentenced to serve rigorous imprisonment for ten years and five years respectively, by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Hazaribagh in Sessions Trial No. 415 of 1996.

(2.) Brief facts leading to this appeal are that in the evening of 12-4-1996 while informant-victim Punam Kumari was in her house, the appellant along with one Dilip Sao, since declared juvenile, forcibly caught hold of the victim and sexually violated her at the point of dagger. According to her version, the appellant left her lying in injured condition when her Bhabhi returned.

(3.) The matter was reported to Ichak Police next day at 9.00 A.M. with a written report prepared by Ranvijay Singh, on the basis of which, Ichak Police Station Case No. 29 of 1996 under Sections 448/376/34 of the Indian Penal Code and Section 3/(1-XI) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act was registered against two accused persons. The police started investigating the case, sent the victim for medical examination and finally submitted charge sheet. The trial of the appellant was committed to the Court of Sessions where he was charged under Sections 450 and 376 of the Indian Penal Code read with Sections 3 (2) (V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act on 5th of March 1997. The appellant pleaded not guilty and claimed false prosecution. However, the trial Court after examining the witnesses found and held the appellant guilty for the offences as mentioned above and sentenced him to serve rigorous imprisonment as stated above.