NIRANJAN KOLTA Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 22.5.2000 passed in Special Sessions Trial No.134 of 1998 by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (henceforth 'the Act of 1989'), Raipur convicting the accused/Appellant under Sections 376 and 450 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 7 years and rigorous imprisonment for 5 years, respectively.

(2.) Case of the prosecution, in brief, is that on 15.10.1998 at about 11:15 a.m. First Information Report (Ex.P-9) was lodged by the prosecutrix (PW-1), a married lady aged about 30 years, alleging that on 13.10.1998 at about 10:30 p.m., her husband had gone outside the village for his treatment, her two children had also gone out to attend the "Keertan" function going on in the village, she had closed the door of her house from inside and slept. At about 10:30 p.m., the accused/Appellant opened the door, entered her house and made her wake up by shaking her hand. Thereafter, he sat over her after lifting up her petticoat. When she threatened him that she will shout and thereafter she abused him, the accused/Appellant saying her that her husband was unable to do anything, therefore, he had come to do and she should not shout. Thereafter, he penetrated his male organ into the female organ of the prosecutrix and committed forcible sexual intercourse with her. When she shouted, Amikabai (PW-3) and Sanatan alias Sunartan (PW-4) came there and stood up near the door. After having committed sexual intercourse, the accused/Appellant fled from there. At that time, Kuntala (PW-2) also saw him running away. Due to the time being of night and her husband not being available at home, she did not go anywhere. Next day, when her husband returned home from the hospital, she narrated him everything about the incident. Thereafter, her husband called a meeting in the village where he was advised by the Panchas to lodge a report. Thereafter, she went to police station and lodged the First Information Report (Ex.P-9), based on which offence under Sections 376, 456 of the Indian Penal Code and Section 3(1)(xi) of the Act of 1989 was registered against the accused/Appellant. Thereafter, the prosecutrix was medically examined by Dr. (Smt.) Alka Pardal (PW-10), who gave her report (Ex.P-7). After completion of investigation, a charge-sheet was filed by the police against the accused/Appellant for the offence punishable under Sections 376, 456 of the Indian Penal Code and Sections 3(2)(v) and 3(1)(xii) of the Act of 1989 followed by framing of charges by the Trial Court under Sections 450 and 376 of the Indian Penal Code read with Section 3(2)(v) of the Act of 1989.

(3.) To hold the accused/Appellant guilty, the prosecution examined 11 witnesses in support of its case. Statement of accused/Appellant was also recorded under Section 313 Cr.P.C. in which he denied the charges framed against him and pleaded innocence and false implication in the case.