Prakash Tatia, J. - (1.) HEARD learned Counsel for the parties.
(2.) THIS appeal is against the judgment and order dt. 03.09.2004 passed by the Court of learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), Hanumangarh in Sessions Case No. 4/2003 by which the learned trial Court convicted the accused appellant as under: Offence Punishment Section 3(i)(ii) of To undergo imprisonment for life with a fine SC/ST (POA) Act, 1989 of Rs. 1,000/ - each and in default to further undergo 2 months' rigorous imprisonment. Section 376 IPC To undergo rigorous imprisonment for 10 years with a fine of Rs. 500/ - each and in default to further undergo 1 month's rigorous imprisonment. Section 323 IPC To undergo rigorous imprisonment for three months. As per the prosecution case, on 19.11.2002 at 7:15 P.M., complainant Mohan Lal S/o Kana Ram Meghwal submitted a written report (Ex.P/1) in the Police Station Bhirani, District Hanumangarh, wherein he stated that he is by caste Meghwal and, therefore, is a member of Scheduled Tribe. He further stated that he took an agricultural land of one Chaju Ram Hudda (Jat) for cultivation on sharing basis. On 16.11.2002, he was in above agricultural field and his daughter Saroj aged 13 years came to the agriculture field to take fodder. When she was returning to her house from the agricultural field at 5:30 P.M., accused Kalu Ram S/o Mani Ram Sunar forcibly took her in an adjoining agricultural field. Mahaveer Singh S/o Mani Ram and Pappu S/o Madu Ram were already there. There, the girl was raped by appellant Kalu Ram and Pappu and Mahaveer kept the girl in control. The complainant, while taking a round in the agricultural land taken by him for cultivation, heard some voice of weeping of girl, then he went to the agricultural field and found Kalu Ram with the girl in an objectionable position and found the girl controlled by Pappu and Mahaveer. Upon seeing the complainant, the three accused tried to run away. The complainant tried to beat Kalu Ram, upon which Pappu and Mahaveer with Kalu Ram gave beating to him and ran away. It is also stated that about 6 -7 months before this incident, the same girl was raped by Kalu Ram and the girl was threatened that in case, she will tell this incident to her parents, accused will kill girl's mother and father. Because of fear, the victim did not inform about the first incident to her parents. It is also stated that the victim is suffering from the disease of Fits and at the time of the incident, he suffered attack of Fits and became unconscious. She was brought to the house by her parents and after 2 days, when the victim became conscious, she told about the incident of rape. By that time, the accused had already lodged one FIR against the complainant with the allegation that the complainant had killed one boy (Kalu Ram accused) of the accused party. The accused party threatened the complainant that in case, he will lodge any FIR (for the second incident of rape) against them, then they will kill the complainant and his family members. It is also alleged that the boys (accused) are moving around the house of the complainant and they used to abuse him by their caste name with filthy language. It is also alleged that he is being subjected to this torture because of the reason that he is by caste Harijan and the family members of the boys are influential persons.
(3.) ON the basis of this report, FIR No. 203/2002 was registered on 19.11.2002 and a case under Sections 376 and 323/34 IPC and under Section 3(i)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short 'the SC/ST Act') was registered.;