JUDGMENT

The accused in this case, who was prosecuted for the offences punishable under Section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and Sections 366 and 376 of Indian Penal Code, was found guilty on all three counts. He was therefore convicted and sentenced to undergo rigorous imprisonment for eight years for the offence punishable under Section 366 of I.P.C., to undergo rigorous imprisonment for eight years and to pay fine of Rs.1,00,000/- with a default sentence of rigorous imprisonment for two years for the offence under Section 376 of I.P.C. and to undergo rigorous imprisonment for five years and to pay fine of Rs.25,000/-, with a default sentence of rigorous imprisonment for one year for the offence under Section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act. The substantive sentences were directed to run concurrently and set off as per law was allowed. It was also directed that if the fine amount is realised, a sum of Rs.1,00,000/- will be paid as compensation to P.W.1.

2. P.W.1 is the victim in this case. P.W.6 is her brother. On the date of the incident, i.e., on 10.7.2001, P.W.1, as usual, went for job. However, she did not return home on that date. A panicked P.W.6 laid Ext.P3 first information statement. In the meanwhile, a phone call was received from P.W.1 stating that she had gone along with the accused and no one needs to worry about her. P.W.7 recorded Ext.P3 first information statement furnished by P.W.6 and registered crime as per Ext.P3(a) first information report under the caption 'man missing'. P.W.13, who was entrusted with the investigation, informed the missing of the girl to all police stations. During investigation, he happened to come across P.W.1 in the Atholi Bazar and she was taken to the police station and her statement was recorded. On the basis of her statement, he filed a report before the court seeking to have the offences under Sections 366 and 376 of I.P.C. and Section 3(1)(xii) of Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act incorporated. He submitted Ext.P16 report to the higher officer and he had P.W.1 medically examined. P.W.9 examined the victim and furnished Ext.P5 report. Investigation was taken over by P.W.11. He prepared the scene mahazar in relation to House No.7/4004 of Kalpetta Municipality as per Ext.P7. He also prepared Ext.P1 scene mahazar in relation to House No.4/203 of the same Municipality. He recorded the statements of witnesses and had M.Os. 1 to 3 cloths seized when produced by P.W.1 as per Ext.P8 mahazar. He sent the articles so seized for chemical examination and obtained Ext.P11 report. On the arrest of the accused, he had him subjected to potency test and obtained the necessary certificates. He had also obtained the other necessary documents, completed investigation and laid charge before court.

3. The court before which final report was laid found that the offences are exclusively triable by a special court and committed the case to Special Court for trial of Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act cases under Section 209 of Cr.P.C. The latter court, on receipt of records, and on appearance of the accused before it, framed charges for the offence under Section 3(1)(xi) of Scheduled Caste and Scheduled Tribe (Prevention Atrocities) Act and Sections 366 and 376 of I.P.C.. To the charge, the accused pleaded not guilty and claimed to be tried. The prosecution therefore examined P.Ws.1 to 12 and had Exts.P1 to P16 marked. M.Os. 1 to 3 were got identified and marked. During the examination of the prosecution witnesses, the defence had Exts. D1 to D4 marked contradictory portions of Sec.161 statements of the respective witnesses. After the close of the prosecution evidence, the accused was questioned under Section 313 Cr.P.C. He denied all the incriminating circumstances brought out in evidence against him and maintained that he is innocent. He submitt