MANTHIR YADAV Vs. STATE OF C.G.

JUDGEMENT

(1.) THE appellant has preferred this criminal appeal under Section 374(2) of the Code of Criminal Procedure against the judgment of conviction and order of sentence dated 3rd March 2006 passed in S.T.No. 76/2005 whereby learned Special Court under S.C./S.T. Act, Bastar at Jagdalpur, has convicted the appellant under Section 376 of Indian Penal Code and sentenced him with RI for seven years, pay a fine of Rs.3,000/- and in default thereof, to undergo additional RI for six months.

(2.) CASE of the prosecution, in brief, is that the prosecutrix, aged about 30 years, a married lady, belonging to scheduled tribe, was receiving treatment from the appellant as she did not bear child and the appellant was treating her by practicing sorcery. On 15.12.2004 at about 10.00 p.m. the appellant visited the house of the prosecutrix in Village Bhirawahi in connection with her treatment. He lit an earthen lamp in the kitchen garden of the prosecutrix and asked her husband to remain there and see that the earthen lamp continues to burn. Thereafter, he took the prosecutrix towards forest and committed rape with her. After some time, the appellant returned and fled from there on his motorcycle. The prosecutrix narrated about the incident to her husband Aghan Singh and Mangal Singh. After the incident a meeting was convened in the village, the appellant was also called in the said meeting and he confessed his guilt in the presence of villagers.

(3.) AFTER completing investigation charge sheet was filed against the appellant under Section 376 of IPC and Section 3(1)(12) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, in the Court of Judicial Magistrate First Class, Bhanupratappur, who in turn, committed the case to the Court of Sessions Judge, Jagdalpur and the same was received on transfer by the learned Additional Sessions Judge for trial.