1. - Instant Criminal Appeal has been filed by the appellant Salim Khan S/o Habib Khan, resident of Pratapgarh under Section 374(2) of Cr.P.C. against the Judgment dated 24.8.2005 passed by Special Judge, SC/ST (Prevention of Atrocities Cases), Pratapgarh, Camp Chittorgarh in Sessions Case No. 58/2004 arising out from F.I.R. No. 120/2004 of P.S. Arnod, District-Chittorgarh whereby, the accused appellant has been convicted for offence under Sections 147, 325/149, 376 I.P.C. and 3(2)(v) SC/ST (Prevention of Attrocities) Act, 1989 (hereinafter referred to as 'the Act of 1989') and passed following sentences against him

2. As per facts of the case, the prosecutrix Rakma Meena (PW-2) gave statement in the District Hospital Pratapgarh during treatment on 7.5.2004 to the Sub-Inspector Nand Kishore PW-13 that she went alongwith her family members to Gothameshwar fair on 4.5.2004 for Darshan in the temple but when she was returning back, she got separated from family and alongwith one girl Kali of the village. She was waiting for the family members in the fair but in the fright about 3.00 A.M. when was going for urine, the accused appellant Salim phased her and committed rape. Thereafter, another accused person came there who she cannot identify, also committed rape upon her and some more persons tried to commit rape upon her. It is alleged by the prosectrix that the accused Appellant gave beating to her and due to beating she suffered fracture in her leg. Upon her voice, so may persons came on the spot and Sarpanch of Ratodia Ullage took her to hospital. In the morning on 6.5.2004 son of her elder father 3autam came in the hospital at Pratapgarh where she is under treatment. The prosecutrix further stated that accused appellant Salim committed intercourse against her will and his friends also committed rape with her to whom she cannot identify.

3. Upon aforesaid complaint, F.I.R. was registered in the Police Station, Pratapgarh under Sections 376, 376/511, 323 I.P.C. and for offence under section 3(2)(v) of Act of 1989.On 7.5.2004 at about 8.30 P.M., the case was registered at Police Station Arnod for aforesaid offence and after investigation and medical examination of the prosecutrix, charge-sheet was filed against the accused appellant whereas, for other known persons, the investigation was kept pending under Section 173(8) of Cr.P.C.

4. The Investigating Officer filed charge-sheet under Section 376 I.P.C. and Section 3(2)(v) of Act of 1989 in the Court of Civil Judge (JD) cum Judicial Magistrate, Pratapgarh on 3.8.2004 from where the case was committed to the Court of Special Judge, SC/ST (Prevention of Attrocities Cases), Pratapgarh.The Trial Court after hearing the arguments upon framing charge framed charge under Sections 147, 376, 325 read with Section 149 I.P.C. and under Section 3(2)(v) of Act of 1989 against the accused appellant.

5. To prove the prosecution case, statement of 19 prosecution witnesses were recorded including the statement of PW-2 Rakma and PW-5 Kali so also PW-14 Dr. Kaushalya Boradiya and PW-17 Dr. Manmal Sankhla. The Trial Court after recording evidence of prosecution recorded statement of accused appellant under Section 313 Cr.P.C. in which the accused appellant stated that story of prosecution is totally false and fracture in the leg of Rakma was caused due to reason that she fell