IMPORTANT POINT
The court established that in cases of rape, the victim's consistent testimony can suffice for conviction, and that the prosecution must prove caste-based motivation for charges under the SC/ST Act, which requires a higher evidentiary standard.

JUDGMENT :

Ashwani Kumar Mishra, J.

1. This appeal is directed against judgment and order of conviction and sentence dated 25.5.2019, passed by the Special Judge (SC/ST Act), Shahjahanpur in Sessions Trial No. 1936 of 2003 (State Vs. Shyamveer), arising out of Case Crime No. 75 of 2000, Police Station Madanapur, District Shahjahanpur, whereby the accused appellant Shyamveer has been convicted and sentenced to life imprisonment alongwith fine of Rs.50,000/- under Section 376 IPC read with Section 3(2)(v) SC/ST Act and on failure to deposit fine to undergo additional simple imprisonment for one year; five years rigorous imprisonment alongwith fine of Rs.10,000/- under Section 452 IPC and on failure to deposit the fine to undergo additional simple imprisonment for two months; and six months rigorous imprisonment alongwith fine of Rs.500/- under Section 323 IPC and on failure to deposit fine to undergo additional simple imprisonment for fifteen days. Sentences are to run concurrently.

2. Informant in the present case is the husband of the victim, who has reported that on 21.5.2000 he had gone for work and his wife and children were at home. At about 8.00 in the evening accused Shyamveer, a resident of the same village, entered the house; assaulted his wife and ultimately dragged her inside a Kothari (small room) and subjected her to sexual assault. On raising of alam by the victim Udaiveer and informant’s son came; challenged the accused; saved the victim; whereafter the accused fled. This written report is dated 23.5.2000 in respect of incident of 21.5.2000. First information report was lodged at 12.20 afternoon on 23.5.2000, as Case Crime No.75 of 2000, under Section 452, 376, 323 IPC & Section 3(1)12 SC/ST Act, at Police Station Madanapur, District Shahjahanpur. The victim was medically examined at 3.25 pm on 23.5.2000. No external or internal injuries were found. The victim herself reported that she was carrying pregnancy of 20 weeks. Supplementary medical report has also been submitted, wherein no cardiac activity was seen in the fetus. The doctor opined that the pregnancy was of 8 weeks 6 days but the fetus was not alive. Doctor in his cross-examination has stated that though pregnancy was disclosed as of 20 weeks but in fact the pregnancy was of 8 weeks 6 days. Statement of witnesses were recorded, and thereafter a chargesheet was submitted under Section 452, 323, 376 IPC & Section 3(2)(v) SC/ST Act on 26.7.2000 by the Investigating Officer. The Magistrate took cognizance of the chargesheet and committed the case to the court of sessions, where accused was charged of offences under Section 452, 323, 376 IPC and Section 3(2)(v) SC/ST Act.

3. During the course of trial, documentary evidence have been adduced by the prosecution in the form of FIR as Ex.Ka- 6; written report as Ex.Ka-1; medical examination report as Ex.Ka-2; supplementary report as Ex.Ka-3; chargesheet as Ex.Ka-4; and site plan with Index as Ex.Ka-5.

4. In addition to above, the informant has been produced in evidence as PW-1 by the prosecution. He has supported the prosecution case and has also proved the written report. Accused Shyamveer lived at a distance of about 100 Kilometre (wrongly recorded, as the accused is of same village and 100 meters appears to have mentioned as 100 kms). Ompal, Ramanpal sons of Rampal and Sadhu Singh are residents of village against whom various cases of Dacoity, loot etc. are pending. In his further cross-examination he has stated that report was got scribed by the Investigating Officer Pramod Kumar and he had merely affixed his thumb impression. He has denied the suggestion that only for receiving Rs.50,000/- compensation from the State that a false report has been lodged.

5. PW-2 is the victim and wife of the informant. She is Khatik, which is a scheduled caste. She has supported the prosecution case and has alleged that while she was dragged inside a small room and pushed on the floor to commit rape, she sustained injuries and her