MEHANDI LAL YADAV Vs. STATE OF CHHATTISGARH
LAWS(CHH)-2003-3-4
HIGH COURT OF CHHATTISGARH
Decided on March 12,2003

MEHANDI LAL YADAV Appellant
VERSUS
STATE OF CHHATTISGARH Respondents


Referred Judgements :-

MASUMSHA HASANASHA MUSALMAN VS. STATE OF MAHARASHTRA [REFERRED TO]



Cited Judgements :-

HEMLAL VS. BUDU DEAD [LAWS(CHH)-2019-9-100] [REFERRED TO]


JUDGEMENT

- (1.)This criminal revision has been preferred by accused Mehndi Lal Yadav being aggrieved by the order dated 2nd December, 2002 passed by the Special Judge (Prevention of Atrocities) Ambikapur, Sarguja by which the learned Special Judge has framed the charge against the accused/ applicant for the offences punishable under S. 376 of the Indian Penal Code read with Section 3(2)(5) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (which will be referred hereinafter as the Act 1989).
(2.)The relevant facts for the disposal of this criminal revision are that on 2nd December, 2001 the prosecutrix Yogeshwari Mandavi lodged a report in the police station Ambikapur with the allegation that she is resident of Tikarapara District-Kanker, on 13th November, 1999 when she was working with Marg Dershak Seva Sansathan, Mission Chowk, Ambikapur as a full time worker she came in contact with Mehndi Lal Yadav in his office and on that day Mehandi Lal Yadav after giving her a promise that they will live together life long had committed rape on her and thereafter he continued to have physical relations with her and exploited her up to 30th July, 2001. A written report in this connection has already been submitted to the Superintendent of Police, Sarguja, photo copy of the same is being submitted herewith. In that written report she mentioned that she being by caste-Gond is a member of Scheduled Tribe community, she is aged about 25 years. Her husband deserted her in the year 1998. When she was on tour as a trainee of S. M. I. L. E. Training team, she came in contract with Mehandi Lal Yadav of Marg Darshak Seva Sansthan in the month of November, 1999. On 11th November as Full time Worker she came to Kataroli, Chowki Tara and on 13th November after giving the promise of friendship and to live together life long said Mehandi Lal Yadav committed rape on her. Since then up to 30th July, 2001 Mehndi Lal Yadav had intercourse and committed rape on her in his office at Ambikapur and Kataroli several times and thereby she became pregnant; her first pregnancy was terminated by Dr. Arihant in December, 2000 and the second pregnancy was terminated in Kumar Clinic Patthalgaon on 24th November, 2001. Now Mehndi Lal Yadav has refused to keep her as his wife. It is therefore requested to take action against Mehndi Lal Yadav.
(3.)On the above report the Station House Officer, Police Station-Ambikapur registered a case under Section 376 of the I. P. C. and Section 3(l)(xii) of the Act, 1989. After completion of the investigation a charge sheet was filed against the accused/applicant for commission of the aforesaid offences. Learned Special Judge after hearing the arguments passed the impugned order and framed the charge under Section 376, I. P. C. read with Section 3(2){v) of the Act, 1989.


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