The court upheld the conviction for abduction and rape, emphasizing the credibility of the prosecutrix despite conflicting evidence.

1. Challenge in this appeal is to the judgment of conviction and order of sentence dated 15-12-1998 passed by the Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 , (in brevity 'Act' ), Sarguja at Ambikapur in Special Criminal Case No. 97/97 whereby and whereunder learned trial Court after holding the appellant guilty for kidnapping the prosecutrix (name not mentioned) for compelling her to illicit intercourse and committing rape, convicted him under S.366 and under sub-section (1) of S.376 of the India Penal Code (in brevity ' IPC ' ) and sentenced to undergo RI for 10 years and 10 years and also to pay a fine of Rs. 5,000/- in default of payment of fine to further undergo additional RI for 2 years respectively. Both the substantive jail sentences are directed to run concurrently. The trial Court acquitted the appellant for offence under S.506 and S.323, and S.3(1) (12) and 3 (2) (5) of the Act.

2. Conviction is impugned on the ground that without there being an iota of evidence, learned Court below has convicted and sentenced the appellant as aforementioned and thereby committed illegality.

3. As per case of the prosecution, on 4-3-1997 at about 3 pm prosecutrix P.W. 1 reached to Police Station Kamleshwarpur and lodged unnumbered FIR against the appellant for the offence under S.363, S.376 of IPC and also under S.3(1)(12) of the Act stating that she resides at village Salai Nagar, PS Sitapur. On 3-3-1997, in the evening she went to Ropakhar market and thereafter at about 7.45 pm she was going towards village Pathrai Missionpara to see her cousin Emil Barva in Rajdhani bus which was going towards Sarbhanja. There were 4-5 other passengers in the bus. The appellant was driving the bus. Initially he took the bus to village Lutaina, Sarbhanja thereafter to village Pathrai Missionpara. When she asked him to stop the bus, the appellant did not stop the bus and took the bus towards Labour Colony situated after Missionpara. There all the said 4 passengers came down from the bus and thereafter the prosecutrix was the only passenger in the bus. When the appellant after reversing his vehicle going Pathrai Missionpara, she asked the driver to stop the bus but the driver did not stop the bus and took it towards forest road Tanginad forest and in the forest, he stopped the bus. Thereafter, at about 10 in the night, he forcible doffed her from the bus and fell down her and committed rape with her. After the incident, she anyhow ray away towards forest area cladding in petticoat and blouse and overnight she remained in the forest in a hidden condition. In the morning she managed to reach to cousin Emil Barva. There she informed regarding the incident to her cousin and other relatives along with the Father. As per prosecutrix her bag was left in the bus. Her saree is in the forest. She also stated that the conductor of the bus remained sitting in the bus. Police after registration of the FIR started investigation. During investigation, by seizure memo Ex. P - 3 petticoat and blouse of the prosecutrix were seized in a torn condition containing blood like stain from her. After obtaining necessary permission, police sent the prosecutrix for medical examination. Ex. P - 13 Dr. Mrs. Anita Shrivastava after examination noticed one contusion on left side of forehead 1.5 x 1.5 ', bluish in colour, bruise over mid scapular region 1x1' bluish in