RAJOLA YADAV Vs. STATE OF MP

JUDGEMENT

(1.) THE appellant has been convicted under Section 376 of the IPC and Section 3 (1) (xi) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act") and sentenced to undergo RI for 7 years and 1 year respectively. The impugned judgment dated 2 -12 -1996 was passed by Special Judge (under the Act) at Satna in Sessions Trial No. 91/1995.

(2.) ACCORDING to the prosecution case, on 14 -5 -1995 at 8 p.m., while the prosecutrix, a Gond Adivasi by caste, was going to the house of one Chunku Singh, appellant met her in the way and forcibly took her to a nearby field of one Motilal and after gagging her with a cloth, subjected her to rape. At that time, Bhura Singh (P.W. 4) passed from near the spot and hearing the sound, the appellant fled. Prosecutrix intimated about the incident to her husband after reaching Hirondi Village. Next day, they went to Lallu, Chowkidar of the Village, who did not allow them to lodge report and insisted for compromise. Thereafter, on 9 -6 -1995, a report about the incident was lodged by husband of the prosecutrix, but as the Police did not take any action, a written report was given by the prosecutrix to Superintendent of Police, Satna, on the basis of which investigation was done and the appellant was arrested.

(3.) LEARNED Counsel for the appellant argued that the impugned judgment was passed without proper appreciation of eviction on record. He submitted that the appellant was falsely implicated by the prosecutrix who was a consenting party.