The main legal point established in the judgment is that the delay in lodging the report and the overall conduct of the prosecutrix can be crucial in determining consent in cases of sexual offenses.

Pritinker Diwaker, J.

1. The Appellant calls in question the legality, validity am propriety of the judgment and order dated 27.12.2006 passed by Special Judge constituted under the Scheduled Caste and Scheduled Tribe (Prevention of Atreeities) Act] {for brevity "the Act"}, Bilaspur, in Special Case No. 65/2004 convicting him for the offence punishable under Section 376 IPC and sentencing to undergo rigorous imprisonment for seven years and pay fine of Rs. 200. in default of payment of fine to further undergo rigorous imprisonment for or. year.

2. Factual matrix in narrow compass goes thus. On 16.3.2004 a written report Ex. P-9 was lodged by the prosecutrix (PW-14) aged about of years at the relevant time, to the effect that the accused/Appellant with was the classmate of her brother Abhishek Badge (PW-3) in Engineering College, Bilaspur and staying in her house, used to subject her to rape since November 2003, as a result of which she was carrying the pregnancy of three and a half months. Based on this written report, FIR (Ex. P-7) was registered against the accused/Appellant for the offences under Sections 376 IPC as well as 3(2) (5) and 3 (1) (XII) of the Act and after completion of investigation, chullan was filed by the police on 31.3.2004 for the said offences.

3. So as to hold the accused/Appellant guilty, prosecution has examined as many as 16 witnesses in support of its case. Statement of the abused/ Appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charges levelled against him and took the plea of his innocence and false implication in the case.

4. After hearing the parties, the trial Court has acquitted the accused/ Appellant of the charge under Section 3 (2) (5) and 3 (1) (XII) of the Act but convicted and sentenced him as mentioned above in paragraph No. l of this judgment.

5. Counsel for the accused/Appellant submits that there is inordinate delay in lodging the FIR which has not been satisfactorily explained by the prosecution. He submits that conduct of the prosecutrix in allowing the accused/Appellant to make physical relations with her for number of months and not disclosing the same till he had not shown his disinclination to marry her shows that she was a consenting party to the act of the accused/Appellant. He submits that in the Court statement the prosecutrix has nowhere stated that the written report Ex. P-9 was drafted on her instructions and according to her she had just signed the same but according to the maker of the report (PW-16) it was prepared on her instructions and nothing has been added to it by him and in these circumstances the evidence of the witnesses particularly the prosecutrix appears to be fraught with inconsistencies apart from contradictions and omissions.

6. On the other hand counsel for the Respondent/State supports the judgment impugned and submits that as the prosecutrix was given an assurance of marriage by the accused/Appellant, she did not come forward to lodge the report and as soon as she came to know about the deceptive attitude on his part, the report came to be lodged by her. In support of his submission, reliance has been placed on the decision of the Supreme Court in the matter of Yedla Srinivasa Rao v. State of A.P.K

7. Prosecutrix (PW-14) aged about 27 years has stated in her evidence that the accused/Appellant is Brahmin by caste whereas her caste is Mahar, According to this witness, her younger brother Abhishek Badge and the accused/ Appellant herein were the classmates in Engineering College, Bilaspur and as there was some quarrel between the accused and someone else, on his request, her brother permitted him to stay in her house. This witness has stated that while staying in her house, the Appellant had developed intimate relations with her family members apart from being on talking terms with her also. At the time when her elder brother Rishikesh Badge had met with some accident and her younger brother Abhis