JUDGMENT - BRAHME P.S., J.:---This is an appeal by State challenging the judgment and order of acquittal of respondent Teju of the offence under section 376 of Indian Penal Code, and under section 3(1)(xii) of the Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act.

2. Respondent was tried for committing rape and murder of prosecutrix Shalu (since deceased) daughter of P.W. 1 Leela under sections 376 and 302 of I.P.C and for offence under section 3(1)(xi) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act. The Additional Sessions Judge, Yavatmal by his judgment and order passed on 17-2-2003 in Special Case No. 2/1998 convicted the respondent for offence under section 302 and sentenced him to death while acquitting him of offence under section 376 I.P.C. and under section 3(1)(xi) of Scheduled Castes Scheduled Tribes (Prevention of Atrocities) Act.

3. The incident which gave rise to this prosecution against respondent took place on 20-9-1997 at about 5.30 p.m. within the limits of Police Station Ladkhed. The prosecutrix Shalu who had gone to graze she goats-towards the field had not returned in the evening on scheduled time. Her mother Leela (P.W. 1

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