Kailash Chandra Joshi, J. - (1.) The accused appellants Nazam Alsi @ Chankia s/o Hanif Khan and Smt.Razi @ Razia, w/o Ramjan, both b/c Mohammedan, residents of village Jahana at present residing at village Dhakarulvalla , Police Station Pilibanga, District Hanumangarh, have preferred this appeal against the judgment and order dated 12.01.2007 as well as the sentence dated 16.01.2007 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities), Cases, Hanumangarh in Sessions Case No.06/2005, whereby he convicted and sentenced the accused appellants as under: JUDGEMENT_185_LAWS(RAJ)2_2011.htm
(2.) The learned trial court acquitted both the accused appellants for the offence under section 3 (1)(x) and 3 (1) (xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989.
(3.) The brief facts of the case, giving rise to this appeal are that on 12.11.2004 one FIR was lodged by Saroj d/o Pappu @ Krishan stating inter alia that on 28.10.2004 her parents had gone to the field and she and her brother were only at home and at about 09.00 AM, their neighbour Smt.Razi @ Razia called her and took her to the house and put her in one room where accused Nazam Ali was already hiding and thereafter Razia went away after locking the room and accused Nazam Ali committed rape on her. On hearing her cry, her brother Dhanraj called her parents and thereafter Razi @ Razia came and opened the lock of the room and accused Nazam Ali ran away. On this report, police registered a case and started investigation and after investigation, police filed challan against the accused appellants. Thereafter the case was committed for trial, in the court of learned Special Judge, Scheduled Castes Scheduled Tribes (Prevention of Atrocities) , Cases, Hanumangarh where the charges were framed against the accused and the trial began.;