Mahesh Bhagwati, J. - (1.) THE challenge in this appeal is to the judgment dated 29 August, 1997 rendered by Special Judge, SC/ST (Prevention of Atrocities Cases), Baran whereby, he acquitted the accused respondents namely Thakur Lai and Phool Chandra in the offences under Sections 366, 365, 325, 324 read with Section 34, 379, 376(2)(g), 376(2)(g) read with Section 34, 376(2)(g) I.P.C. Section 3(2) SC/ST (Prevention of Atrocites) Act, 1989 (hereinafter referred to as' Act 1989').
(2.) THE prosecution case is: That on 28.06.1996 PW -1 Sharda, PW -2 Smt. Parvati, PW -6 Pratap and PW -7 Munna boarded a bus at Baran to reach their village Balarpur Uperheiti, and alighted at bus stand Mamooni at about 8 p.m. Since it was too late, they all stayed at Mamooni and having taken their food went on the roof of a school to sleep. It is alleged by the complainant Mst. Parvati that in the intervening night of 28th and 29th of June of 1996 at about 1:00 - 1:30 (A.M.) when she was sleeping, a person touched to awaken her and said that she was being called by Devi. When she got awakened, she found two persons standing on the roof, one person caught hold of her hand and another person dragged Mst. Sharda and came down stairs. These two persons took them to an embankment of pond. She saw in the light of moon one person who was wearing black pant and shirt. The person who awakened her was wearing only pant and the upper part of the body was naked. The third person was wearing pant and Baniyan. The person who was standing on the embankment of pond endeavoured to tie the hands of Pratap but he somehow escaped and fled. The person who had caught hold of her, tried to gag her mouth by hand but she screamed and resisted to save herself. That person was having a knife in his another hand and during the protest she sustained injury in her little finger and finally succeeded in escaping from the clutches of that man. It is further alleged that those three, miscreants had taken Mst. Sharda and Munna to some unknown place. The complainant Mst. Parvati reached at village Marnooni where the police recorded her Parchabayan Ex. P/5 whereupon First Information Report Ex. P/21 was lodged and investigation commenced. The Investigating Officer recorded the statements of witnesses acquainted with the facts and circumstances of the case, prepared the site plan Ex. P/6, recovered Munna vide memo Ex. P/7, arrested the accused Thakur lal vide memo Ex. P/22 and accused Phool Chand vide memo Ex. P/23, recovered a knife vide memo Ex. P/9 at the instance of Thakur lal in pursuance of information Ex. P/24 furnished by him, the test identification parad of both the accused was conducted by Judicial Magistrate, Kishanganj, got both Mst. Sharda and Mst. Parvati medically examined, drew the necessary memos and after usual investigation submitted police report under Section 173(2) of Cr.P.C. against the accused persons Phool Chandra and Thakur lal in the offences under Sections 363, 366, 365, 370, 379 of IPC and Section 3 of Act 1989 and filed challan against the accused Sita Ram under Section 299 of Cr.P.C. as he was absconding.
(3.) IN due course of time, the case came up for trial before Special Judge, SC/ST (Prevention of Atrocities Cases), Baran. Both the accused Thakur lal and Phool Chandra were indicted for the offences under Sections 366, 365, 376(2) read with Section 34 and Section 376(2)(g) of IPC read with Section 3(2) of Act 1989, 324 in alternate 325/34 and 379 of IPC, who pleaded not guilty and claimed trial.;