PINAKI CHANDRA GHOSE, UDAY UMESH LALIT
Satwantin Bai – Appellant
Versus
Sunil Kumar – Respondent
Judgment
Uday Umesh Lalit, J.
1. This appeal by special leave challenges the judgment and order dated 20.11.2007 passed by the High Court of Chhattisgarh dismissing Criminal Revision No.550 of 2007 preferred by the Appellant through her natural guardian. By dismissing said criminal revision the High Court affirmed the view taken by the trial court acquitting Respondent No.1 herein of the charges under Section 376(2)(f) of the IPC and Section 3(2)(V) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short “the Act”). Though the present appeal has been filed in the name of the Appellant, in view of Section 228A of the IPC we direct that the cause title shall stand amended as “Ms. S. versus Sunil Kumar and another”.
2. The case of the prosecution is that in the forenoon of 14.01.2006 while the Appellant was guarding her crops, a person aged about 20-22 years wearing a shirt with red stripes and black trouser came. He called the Appellant by making a signal, whereupon she started running. He ran after her, caught her and after removing her undergarments committed sexual intercourse. He also bit the lip of the Appellant. She shouted for help which attra
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