R. C. CHAVAN, J.

( 1 ) TAKING exception to the respondents acquittal for offences punishable under section 376 of the Penal Code and sections 3 (1) (xi), 3 (l) (xii) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 recorded by the learned Special Judge, Amravati, the state has preferred this appeal.

( 2 ) FACTS, which led to prosecution of the respondent, are as under :

( 3 ) THE respondent, upper caste - Hindu, is resident of Village Deori Nipani, within the jurisdiction of Police Station Walgaon. One Varsha chandrabhan Meshram, a young girl, aged 14 years, belonging to the Scheduled caste, also hails from the same Village. On 20-9-1994, at about 8 p. m. , Varsha had gone to public water tap to fetch water. Accused Dnyaneshwar was waiting for her in a lane. He dragged her and pressed her lips to prevent her from shouting. Near the house of one Dattak, he removed her inner wear and raped her. Her father was shouting for her and hence the accused and the prosecutrix left their underwears at the spot. The accused took the prosecutrix to his house and forbade her from disclosing the incident to anyone. She hid herself.

( 4 ) HER father Chandrabhan had given a report to the police on the same night. Next morning, the police found the victim and sent her for medical examination. The police also arrested the accused and sent him for medical examination. The police performed panchanama of spot, recorded statements of witnesses, sent the incriminating articles to the Forensic Science Laboratory and on completion of the investigation, charge-sheeted the accused before the learned judicial Magistrate First Class, Amravati, who committed the case to the Court of special Judge at Amravati.

( 5 ) THE Special Judge and the Sessions Judge, Amravati, charged the respondent/accused of the offences punishable under section 376 of the Penal code and sections 3 (1) (xi), 3 (1) (xii) and 3 (2) (v) of the Scheduled Castes and scheduled Tribes (Prevention of Atrocities) Act, 1989. The accused pleaded not guilty and hence was put on trial. In its attempt to bring home the guilt of the accused, the prosecution examined in all seven witnesses. The accused took a defence of denial as regards forcible sexual intercourse and stated that in fact the prosecutrix had followed him that night and told him that she would marry him, whereafter he heard the shouts of her father and then went to his own house. After considering the prosecution evidence in the light of defence raised, the learned Special Judge acquitted the respondent of the offences charged. Aggrieved thereby, the State has preferred this appeal.

( 6 ) WE have heard Shri Yengal, the learned Additional Public Prosecutor for the State. None was present to represent the respondent, who had been duly served and had engaged Advocates Shri Navlani and Purohit to represent him. With the able assistance of the learned Additional Public Prosecutor, we have examined the entire evidence on record in order to find out whether the learned special Judge erred in acquitting the respondent.

( 7 ) THE charge in respect of offences punishable under the various Clauses of section 3 of the Scheduled Castes and Scheduled Tribes (Prevention of atrocities) Act, 1989 was indeed uncalled for. Merely because the victim belongs to Scheduled Caste or the accused is upper caste Hindu, it does not follow that the offence punishable under section 3 of the Scheduled Castes and Scheduled tribes (Prevention of Atrocities) Act, 1989 would be made out. It is not the allegation of the prosecution that the accused committed the offences because the victim belonged to the Scheduled Caste. It was simply a case of two young persons committing an indiscretion. Therefore, the learned Special Judge rightly held that the charges in respect of offences punishable under sections 3 (1) (xi), 3 (1) (xii) and 3 (2) (v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act