Raj Beer Singh, J. - (1.)The present appeal has been preferred against the judgment dated 01.07.2010 and order dated 03.07.2010 passed by learned Special Judge, (Schedule Caste & Schedule Tribe Prevention of Atrocities Act), Bulandshahar, in Session Trial No. 1181/2004 under Sections 376, 506 of Indian Penal Code (hereinafter referred to as IPC) and Section 3(2)(v) of Schedule Castes & Schedule Tribes Prevention of Atrocities Act, 1989 (hereinafter referred as SC/ST Act, 1989), whereby appellant Ram Pal has been convicted under Sections 376, 506 of IPC and 3(2)(v) of SC/ST Act, 1989. He is sentenced to ten years rigorous imprisonment along with fine of Rs. 25,000/- under Section 376 of IPC, one year imprisonment under Section 506 of IPC and imprisonment for life under Section 3(2)(v) SC/ST Act, 1989. In default of payment of fine of Rs. 25,000/-, appellant has to undergo two years additional imprisonment. All the sentences are to run concurrently.
(2.)The case of prosecution is that the complainant's seven years old son was suffering from illness one Prem, Occultist (Tantrik) of his village suggested complainant Dalchandra that the accused-appellant Ram Pal, who is residing at his sister's house at village Majara, is a occultist, (Tantrik) and he would get rid of illness of his son. On the next day, alleged Prem brought Ram Pal at the house of complainant and on their asking material worth of Rs. 850 was brought for worship in the night. The worship (puja) was performed and on the next day morning Ram Pal asked complainant that he has to come along with his wife and son on 12.02.2004 at his village Majara, Khanpur for disposal of hawan ash at a particular Chauraha. He also stated that his sister would accompany the wife of complainant to that Chauraha. Accordingly, on 12.02.2004, complainant along with his wife reached the house of sister of accused Ram Pal at Majara village. Accused-appellant Ram Pal assured the complainant that his sister would accompany his wife to that particular Chauraha for disposal of ash and thereafter complainant left his wife and son thereat and returned to his home. On 13.02.2004 complainant's wife / prosecutrix Smt. Maya Devi who is being described in this judgment as X, came at her house and told complainant that accused Ram Pal did not send his sister with her and rather at 9:00 PM, himself took her in the forest (jungle) of Abhaypur and Majara and at the threat of Farsa and knife, committed rape on her.
(3.)It appears that when the case was not registered, complainant sent complaints to several authorities and thereafter on the intervention of Human Right Commission, case was registered against appellant-accused Ram Pal on 27.07.2004 at 8:30 AM under Sections 376 and 506 of IPC on the basis of tahreer, Ex. Ka-1 submitted by the complainant.