JUDGMENT :

S. K. SAHOO, J.

The appellant Rabi Banka faced trial in the Court of learned Additional Sessions Judge -cum-Judge, Special Court, Bargarh in C.T. Case No.95 of 2007 for offences punishable under sections 3(1)(xii) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereafter ‘1989 Act’) and section 376 of the Indian Penal Code on the accusation that from 12.02.2007 for a fortnight, in village Attabira and at Sahasmunda, he being in a position to dominate the will of the victim girl belonging to the scheduled caste, used that position to exploit her sexually to which she would not have otherwise agreed and committed rape on the victim without her consent on the false assurance of marriage.

The appellant was acquitted of the charge under section 3(1)(xii) of the 1989 Act vide impugned judgment and order dated 10.11.2008 but was found guilty under section 376 of the Indian Penal Code and sentenced to undergo rigorous imprisonment for seven years and to pay a fine of Rs.2,000/-(rupees two thousand), in default, to undergo further rigorous imprisonment for a period of six months.

2. The prosecution case is that the victim girl (P.W.1) was Ganda by c