- (1.)This appeal under Section 374 of the Code of Criminal Procedure, 1973 (in short "the Code") has been preferred by the appellant being aggrieved from the judgment of conviction dated 10-01-2006 passed by learned Special Judge, [Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act)], Guna (MP) in Special Sessions Trial No.176/2003, whereby appellant has been convicted under Section 302 of Indian Penal Code (in short "IPC") and sentenced to undergo life imprisonment with fine of Rs.5,000/- with default stipulation. At the same time, appellant was acquitted of the offence punishable under Sections 450, 376/511 of IPC and under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short "the Act").
(2.)The prosecution story, in brief, is that on 01-09-2003 about about 2:30 pm, the appellant entered into the house of prosecutrix (since deceased), situated at village Endwada District Guna with an intention to commit rape with the prosecutrix and set her at fire after dousing the kerosene and at the same time, poured water to save her from death. Thereafter, the prosecutrix was taken to police station where FIR Ex-P/12 was lodged by her and crime No.54/2003 was registered at Police Station Dharnawada District Guna for the offence punishable under Sections 376, 511, 307 and 454 of IPC and under Section 3(2) (v) of the Act. On completion of investigation, charge-sheet was filed also for the offence punishable under Section 302 of IPC. It is pertinent to mention here that the prosecutrix had died on 06-09-2003 during treatment.
(3.)During the trial, the accused pleaded not guilty to the charges and contended that he had been falsely implicated.