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) returned to the field to search her. She was accompanied by her husband Narayan Ade and Shanti (P.W. 3). As per prosecution case, on 20th September, 1997 since 10.00 a.m. P.W. 1 Leela, alongwith her husband Narayan Ade and daughter Shalu aged 16 years had gone to Goki Nala to graze cattle (she goats) and collect firewood. P.W. 1 Leela and her husband Narayan after collecting firewood started for returning back to their home at about 3.30 p.m. and asked their daughter Shalu to follow them taking she goats. After they reached home till 5.00 p.m. daughter Shalu did not come home. Therefore, Leela accompanied by her husband went toward Nala to search their daughter Shalu. When they were approaching Nala, Leelabai found respondent Teju dumping stones in pit; where Shalu was lying in naked condition. On seeing her in that condition, Leelabai raised shouts and on hearing that respondent-Teju fled away. They found that Shalu was dead and rape was committed on her. Her underwear (Nicker) was found lying near her body. The clothes on her body viz. Kudta Gown (wrongly described as Salwar) and peticoat were found gathered near her neck.

4. Leelabai rushed to Police Station, Ladkhed and lodged report (Exhibit 39) at 6.00 p.m. narrating what she saw at the place of occurrence, alleging that respondent Teju committed rape on her daughter Shalu and killed her. A.S.I. Bhaurao Kawankhede (P.W. 10) on that report registered offence vide C.R. No. 140/97 and A.S.I. Madhaorao Deshmukh (P.W. 7) took up investigation and visited place of occurrence and on seeing dead body of Shalu made Inquest panchanama Exhibit 43 and dead body was sent to Cottage Hospital, Darwha, where Doctor Dudhe (P.W. 8) conducted autopsy and prepared postmortem report Exhibit 58. In his opinion cause of death was cardio respiratory arrest due to neurogenic and hemorrhagic shock on account of multiple injuries over scalp and hematoma in extradural shape. On external examination of genital, he found hymen ruptured but there was no injury to private parts and neither semen nor spermatozoa was detected in vaginal swab, public hairs, P.W. 1 Balokar (P.W. 13) after completing investigation, filed charge-sheet.

5. Before the trial Court respondent pleaded not guilty to the charge (Exhibit 12) and claimed to be tried. His defence was of total denial and false implication contending that Narayan Ade was facing trial for offence under section 307 I.P.C. in which his father was a witness and Leelabai asked his father to give evidence in her favour but his father did not give evidence in her favour, hence since then Leelabai and her husband Narayan were against them. He also contended that P.W. 2 Shantabai gave false evidence against him to save her son Shantaram as she knew that her son Shantaram was having ill

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