Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 18th April, 1994 whereby the special Judge (S.C./S.T. (Prevention of Atrocities Cases) Sawai Madhopur acquitted the accused respondent Bhagirath Singh S/o. Shri Ishwar Singh in the offences under Sec. 376 of IPC and Sec. 3(2)(v) of S.C. & S.T. (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the 'Act 1989'). The prosecution story is woven like this: That on 25th August 1990 at about 5.00 P.M. the prosecutrix was going from her house to purchase some articles at a grocery shop. On the way, the accused Bhagirath Singh suddenly appeared before him near the field of Phool Chand Mahajan and at the point of knife dragged her to the field where the crop of Bajra was standing. It is alleged that the accused laid her on the ground and forcibly ravished her without her consent. She struggled to protect her modesty resulting in tearing of blouse and breaking of bangles. She cried for help. Having heard her shrieks, the witnesses Prabhatya and Ramprasad Bairwa came on the spot. On seeing the witnesses, the accused Bhagirath Singh fled from there after fulfilling his erotic sortie. The prosecutrix came back to her house weeping and narrated the incident to her mother. On the written complaint Ex. P/1 of the prosecutrix F.I.R. was lodged and investigation commenced. The Investigation Officer recorded the statements of the witnesses under Sec. 161 of Cr.P.C., seized the blouse of the prosecutrix vide memo Ex. P/2, the broken pieces of bangles from the spot vide memo. Ex. P/3, got the prosecutrix medically examined so as to ascertain her age and commission of offence of rape prepared the site plan Ex. P/5. arrested the accused, got the accused also medically examined and after usual investigation sent the accused for trial to the competent Court.
(2.) The accused was indicted for the offence under Sec. 376 of IPC and Sec. 3(2)(v) of Act, 1989 who pleaded not guilty and claimed trial. The prosecution has examined as many as eleven witnesses to prove its case. In his explanation under Sec. 313 of Cr.P.C. the accused claimed innocence and submitted the plea of alibi stating that on 25th August, 1990 he had gone to attend the Court proceeding at Dausa. The accused examined three witnesses in defence. On completion of trial, the Court acquitted the accused as indicated hereinabove.
(3.) Heard the learned Public Prosecutor appearing for the State, learned counsel for respondent and with their assistance scanned the material available on record.;