JUDGMENT :

Ramesh Sinha, J.

1. Challenge in this appeal is to the order dated 11.04.2013 passed by the Special Sessions Judge, Janjgir-Champa in Special Sessions Trial No. 92/2012 whereby the respondents/accused have been acquitted of the charges under Sections 354, 302/34 of the Indian Penal Code and Section 3(1)(xi) and 3(2)(v) of the Scheduled Castes and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (for short, the Act of 1989).

2. Case of the prosecution, in brief is that on 23.01.2012, at about 4:00 p.m., the deceased, who was a minor aged about 13 years, had gone on her bi-cycle to fetch tomatoes from the fields (Badi) but did not come back. After one hour, her sister Sheet Kumari (PW-3) went out in search of the deceased. She found that the bi-cycle was lying near the gate of the Badi and in a polythene bag, the plucked tomatoes were kept. When she could not found the deceased, she raised an alarm by shouting her name. At that time, she saw that in the adjacent Badi of Pitamar Yadav, both the accused were leaning on somebody. On hearing the hue and cry of Sheet Kumari, both the accused ran away. She returned back on the bi-cycle and on the way, she met her brother Ganesh