C A V Judgment

Sanjay K. Agrawal, J.

1. This criminal appeal under Section 374(2) of the CrPC preferred by the appellants / accused persons herein is directed against the impugned judgment of conviction and order of sentence dated 24.01.2019 passed by the learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Bemetra, District Bemetara, Chhattisgarh in Special Case (Atrocities) No. 06/2016 by which appellants herein have been convicted for offence under Section 376D of the IPC and also under Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and sentenced to undergo imprisonment for life, till natural death, and to pay fine ₹

of 2,000/-each.

2. Case of the prosecution, in nutshell, is that on 06.03.2016 in the night at about 8:30 pm at village Mohtara, Police Station District Bemetara, Chhattisgarh, two appellants namely Ramsharan Lodhi (A-1) and Bhupendra Lodhi (A-2) committed sexual intercourse with victim (deaf and dumb) (PW-14) against her wish knowing fully well that she is a member of Scheduled Tribe. It is further case of the prosecution that victim (PW-14) used to live in village Mohtara