2025:CGHC:4416-DB Digitally AFR signed by SAIFAN SAIFAN KHAN KHAN D 20 a 2 te 5 : .01.31 HIGH COURT OF CHHATTISGARH, BILASPUR

11:54:38 +0530 Criminal Appeal No. 527 of 20 19 [Arising out of judgment dated 26.02.2019, passed in Sessions Case No.01 of

2017 (State of Chhattisgarh v. Kamlesh Patel), by the Special Judge (SC/ST Act), Kondagaon (C.G.)]

Kamlesh Patel, Son of Shri Mahadev Patel, aged about 37 years, Resident of Village Gattipalna Mararpara, Police Station Farasgaon, District Kondagaon (Chhattisgarh)

---- Appellant (On Bail)

Versus State of Chhattisgarh, through the Station House Officer, Police Station Farasgaon, District Kondagaon (Chhattisgarh)

---- Respondent -----------------------------------------------------------------------------------------------

For Appellant : Mr. Rishi Rahul Soni, Advocate/Panel Lawyer appointed through CG High Court Legal Services Committee For Respondent : Mr. Rahul Tamaskar, Govt. Advocate -----------------------------------------------------------------------------------------------

Division Bench Hon'ble Mr. Ramesh Sinha, Chief Justice and Hon'ble Mr. Ravindra Kumar Agrawal, Judge Judgment on Board (24.01.2025)

Per: Ramesh Sinha, CJ (1) Invoking criminal appellate jurisdiction of this Court enshrined under Section 374(2) of the Code of Criminal Procedure (for brevity “CrPC”), the accused-appellant herein is calling in question legality, validity and correctness of impugned judgment of conviction and order of sentence dated 26.02.2019, passed in Sessions Case No.01 of 2017 (State of Chhattisgarh v. Kamlesh Patel), by the Special Judge, constituted under the provision of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, (for brevity the “Act of 1989”) Kondagaon (CG), whereby he has been convicted and sentenced as under:

[All the sentences are directed to run concurrently]

(2) The case of the prosecution, in short, is that on 05.10.2017 at about 05:00 PM in the evening, at Gattipalna Nursery, which comes within the ambit of Police Station Farasgaon, the accused-appellant, who is neither a member of Scheduled Caste community nor Scheduled Tribe, but knowing fully well that the victim (PW-04) belongs to Scheduled Tribe community, committed sexual intercourse/rape with her against her will and consent and, further, caused grievous injury to her and, thereby, said to have committed offences under Sections 376(1) & 325 of IPC and also under Section

3(2)(v) of the Act of 1989.

(3) Further case of the prosecution is that when victim (PW-04) herself reported the matter to the police by stating that on 05.10.2017, she had gone to Nursery for picking woods and, at about 04:00 PM, while she was taking rest below Sagon Tree, the appellant-accused suddenly came over there, who firstly inserted one towel/cloth into her mouth and, thereafter, committed rape with her and, further, when the said towel/cloth was taken out from victim’s mouth, one of her teeth plucked off. On the basis of aforesaid report, FIR (Ex.D/02) being Crime No.98/2017 for offence under Section 354 & 324 of IPC was registered against the appellant and wheels of investigation started running, in which, spot map was prepared. The victim (PW-04) was subjected to medical examination, which was conducted by Dr. Jyotirmay Prabhavali (PW-02) and, according to victim’s MLC report (Ex.P/01) two injuries were found over her body, one is simple in nature and another is grievous in nature. Further, victim’s statement under Section 164 of CrPC was also recorded. The accused-appellant was arrested vide Ex.P/09. In order to verify caste of the victim, her provisional caste certificate (Ex.P/07) was also seized vide Ex.P/08, wherein it has been stated that her caste is Gond, which is a Scheduled Tribe community. One teeth of the victim on her production was also seized vide Ex.P/03. After statement of witnesses were recorded and investigation is completed, the appellant was charge-sheeted for offences under Section 354 & 325 of