Mahesh Bhagwati, J. - (1.) Challenge in this appeal is to the judgment dated 28.5.1997, whereby the Special Judge SC/ST (Prevention of Atrocities Cases) Baran has acquitted the accused respondent Tej Karan Tej Pal in the offences under Sections 376, 323, 452/34, 323/34, of I.P.C. and Section 3(1)(10)(12) of SC/ST (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act 1989')
(2.) The prosecution story succinctly runs as under: That on 11.12.1995 at about 2.30 pm, the prosecutrix (name withheld) went from her house to throw dung at kheri. The accused Tej Karan was coming from opposite direction. Having found her alone, the accused Tej Karan forcibly caught hold of her and dragged her to the field of mustard. She cried but he gaged her mouth. It is alleged that the accused made her to lie on the ground and forcibly ravished her. The prosecutrix struggled but the accused did not let her loose. He liberated her only after fulfilling his wild lust. Having heard the cries of the prosecutrix, her brother Mahaveer Meena rushed to the spot. He tried to chase the accused Tej Karan but he hit her brother with stone and fled away. The prosecutrix narrated the entire incident to her mother. It is further alleged that after half an hour of this incident Bhanwar Lal, Sohan Lal, Chhotu Lal and. Tej Pal resident of Mandla came to their house abusing them. They all entered in their house and gave a beating by fists, legs and clubs and further threatened to kill them. The prosecutrix submitted a written report Ex.P-1 in Police Station Atru, whereupon the F.I.R. was lodged and investigation commenced.
(3.) During investigation, the statements of the witnesses were recorded, the site plan Ex.P-4 was prepared, the injured were got medically examined, the prosecutrix was medically examined so as to ascertain the commission of offence of rape, the accused Tej Karan was arrested vide memo Ex.P-4, necessary memos were drawn and after usual investigation, the accused respondents were sent for trial.;