The prosecution failed to prove the victim's minor status and the identity of the perpetrators, leading to the acquittal of the accused.

JUDGMENT :

Amitendra Kishore Prasad, J.

1. Since both the aforementioned appeals arise out of the same judgment, therefore, they are being heard together and disposed of by this common judgment.

2. In these appeals filed under Section 374(2) of the Cr.P.C., the appellants have challenged the legality, validity, and propriety of the judgment of conviction and order of sentence dated 22.06.2019, passed by the Special Judge (Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989) (for short, ‘the Act, 1989’), Raigarh, District Raigarh, C.G., in Special Case (Atrocities Act) No. 20/2018, whereby the appellants were acquitted of the charge under Section 3(2)(v) of the Act, 1989, but were convicted and sentenced as under:-

(Both sentences were directed to run concurrently)

3. Case of the prosecution, in brief, is that the victim, a minor girl below 18 years of age belonging to a Scheduled Caste, was subjected to rape by the accused persons. Further case of the prosecution is that on 21.01.2018 at about 6:30 PM, the victim was returning home from her friend Anju Sahu's house. On the way, near the house of one Ashok Sarathi, both accused persons intercepted her and forcibly took her to a deserted area. Appellant-Rooplal gagged the victim’s mouth to prevent her from screaming and then they took her to a toilet located behind the said house, removed her clothes and committed rape on her one by one and after committing the offence, both accused persons fled from the spot. After that, somehow victim returned home and went to sleep without disclosing the incident to anyone. When her mother asked her to eat, she refused, stating she is not feeling hungry. Out of shame and fear, the victim did not narrate the incident immediately. However, upon persistent questioning by her mother, the victim eventually disclosed the entire incident. Her mother then informed the victim’s father, and the matter was subsequently reported to the police. On the report of victim, on 24.01.2019, written report (Ex.P-1) has been registered against the accused persons and on the basis of said report, FIR (Ex.P-6) has been registered against the accused persons at Police Station Kharsia. During investigation, consent of the victim's parents were obtained vide Ex.P-3 and after that, victim was sent for medical examination where PW-3 Dr. Hemlata Rathiya examined the victim and did not find any sign of forcible sexual intercourse with the victim nor did find any injury over the person of the victim either internally or externally and gave her MLC report vide Ex.P-11. Vide Ex.P-4, transfer certificate of victim, mark sheet of class 1^st, evaluation sheet and class 8^th progress card were seized from the victim and vide Ex.P-5, underwear of victim was seized. Accused persons were taking into custody vide Exs.P-2