Chattisgarh High Court
Sallu @ Salim vs The State Of M.P on 18 May, 2020 NAFR
HIGH COURT OF CHHATTISGARH, BILASPUR
Criminal Appeal No. 2153 of 2000
Judgment reserved on 06.02.2020
Judgment Delivered on 18.05.2020
Sallu @ Salim S/o. Nizam Sheikh Musalman, Aged about 24 years, R/o.
Pathra Bori, Police Station Dabnibada, Tehsil Gondia (Maharashtra)
Presently residing near Sarkari Kuan, Lakholi, House of Subhan
Sheikh, Police Station and District Rajnandgaon (C.G.)
—- Appellant
Versus
State of M.P. through Police Station Rajnandgaon, District
Rajnandgaon (C.G.)
—- Respondent
———————————————————————————————–
For Appellant : Mr. Roop Naik, Advocate.
For Respondent : Ms. Shriya Mishra, Panel Lawyer
————————————————————————————————-
Hon’ble Smt. Justice Vimla Singh Kapoor
CAV Judgment
1. The case of the prosecution, in brief, is that accused/appellant herein
developed intimacy with deceased who belongs to Satnami caste, by
making false promise to marry her and believing the same, she
allowed him to have cohabitation with her which continued for a
period of one year. It is alleged that from such cohabitation, the
prosecutrix became pregnant and for getting the pregnancy
terminated and thereby concealing the evidence the accused
2
administered some pills to her. It is further alleged that when the
deceased suffered stomaches pain, she was admitted in the hospital
for treatment where she died. On the information of death of the
prosecutrix, merg (Ex.P-9) was made by PW-7 in police Station
Bhilainagar and on the basis of which FIR (Ex.P-10) was registered for
the offences under Sections 314 and 376 IPC against Bhagwat Sahu
and appellant Sallu @ Salman. After completion of investigation
charge sheet was under Sections 314 and 376 IPC and 3 (i)(x) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
followed by framing of charge.
2. Initially the charge was framed against the accused/appellant under
Sections 314, 376(1) and 3 (i)(x) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act. However, after
conducting a full-fledged trial by examining number of witnesses,
learned Court below by its judgment dated 04.8.2000 passed in
Special Case No. 21 of 2000 acquitted the co-accused of all the
charges levelled against him. It also acquitted the accused/ appellant
of the charge under Sections 314, 376(1) and 3 (i)(x) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
but found him guilty under Sections 417 IPC and 3(1)(xii) of the
Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act
and sentence him to undergo RI for one year and to pay fine of Rs.
1000/- under Section 417 IPC and RI for five years and to pay fine of
Rs. 10,000/- under Section 3(1)(xii) of the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act.
3
3. Counsel for the accused/appellant submits that the conviction for
offence under Section 3(i)(xii) of the Scheduled Castes and Scheduled
Tribes (Prevention of Atrocities) Act cannot be sustained as there is
no material on record to show that the appellant committed sexual
intercourse and then tried to get her pregnancy terminated fully
knowing that she was a member of Scheduled Caste category nor was
any intention on his part to exploit her that way. He further submits
that the Court below has wrongly appreciated the evidence of the
prosecution witnesses while convicting and sentencing the
accused/appellant as described above.
4. On the other hand, learned State counsel supported the judgment
impugned.
5. A perusal of the evidence of Bhuvanlal (PW-8) – the father of the
deceased goes to show that after coming to know the pain in the
stomach of his daughter he took her to District Hospital, Rajnandgaon
for treatment. In the Hospital his deceased daughter had made a
discloser to him that the stomach pain was as a result of sexual
intercourse with her by the accused/appellant by putting her on the
assurance of marriage. Though, the evidence of father PW-8 gets
corroboration from PW-9, yet the doctor who is alleged to have
administered medicine on the deceased to get her pregnancy
terminated has already been acquitted by the Court below and
further that there is no evidence that the accused/appellant herein
had taken her to the hospital for termination of the pregnancy or was
4
there any involvement on his part to do so. Rather the material on
record shows that the deceased and the accused/appellant were in
love affair which later on, turned into the physical relations between
the two and for this only he has been acquitted of the charge under
Section 376 IPC. PW-8 and PW-9 being father and uncle of the
deceased and as such the most interest witnesses are bound to state
against the accused/appellant placing reliance on the say of the
deceased made in the hospital. As already stated, the prosecution has
not adduced any evidence to show that the accused/appellant got the
pregnancy of the deceased terminated just because she was a
member of Scheduled Caste category. Thus, the evidence does not
make out the case of the prosecution either under Section 417 IPC or
under the Special Act.
6. Accordingly, the appeal is allowed, the judgment is set aside and the
accused appellant is acquitted of the charges levelled against him.
Since the appellant is already enjoying bail, no observation or
direction to set him free etc is necessary.
Sd/-
(Vimla Singh Kapoor)
JUDGE
Jyotishi/ Santosh
Comments