GANESHI PATEL Vs. STATE OF M P

JUDGEMENT

(1.) This criminal appeal is filed by the Appellant being aggrieved by the judgment, finding and sentence dated 21/10/2005 passed by the Special Judge, SC/ST (Prevention of Atrocities) Act, 1989, Chhattarpur in Special Case No. 21/2004 whereby the Appellant was convicted for commission of offence punishable under Sections 506B & 376(1) of IPC read with Section 3(2)(v) of SC/ST (Prevention of Atrocities) Act, 1989 (for short the "Special Act, 1989"), and sentenced to rigorous imprisonment for six months and rigorous imprisonment for ten years with fine of Rs. 2,000/-, in default of payment of fine amount, an additional RI for six months.

(2.) It is admitted that the prosecutrix is a member of scheduled caste, whereas the Appellant is neither a member of scheduled caste nor scheduled tribe.

(3.) Prosecution case, in short, is that on 29/1/2004 the prosecutrix (PW-4) was weeding in the field. At about 5:00 PM in the evening the Appellant came and told her that he would do intercourse with her. He also abused her by denoting her caste, then he dragged the prosecutrix towards his field and committed rape. On her shouting, her elder brother-in-law, who was irrigating the field came to the spot and after looking at him the Appellant-accused ran away. Before leaving the spot, the Appellant-accused threatened that he would kill her if she informs anyone regarding the incident. Harish Chandra, husband of the prosecutrix also came to the spot. The prosecutrix narrated the entire incident to her husband. On 30/1/2004, the prosecutrix submitted a written report Ex.P-4 to SHO, Police Station AJK, Chhattarpur and a crime was registered. The prosecutrix was sent for the medical examination. Dr. Sangeeta Choubey (PW-1) found some scratches on cheek of the prosecutrix and two scratches on her left arm. The said doctor also found that the prosecutrix was carrying for eight months. No internal injury was found. Dr. Sangeeta Choubey prepared two slides of her vaginal swab. She also recovered one yellow petticoat of the prosecutrix and handed over those things to the concerned Constable after sealing them. The Appellant-accused was also arrested and directed for medical examination. His semen slides were prepared. His underwear was also taken by the doctor and handed over to the concerned Constable after sealing it. After due investigation, the police has filed a charge sheet against the Appellant-accused for commission of offence punishable under Sections 376, 294, 506B of IPC and Sections 3(2)(v) and 3(1)(x) of the Special Act, 1989.