THE HIGH COURT OF CHHATTISGARH AT BILASPU Cr. R3&é’/2005 2" x (2) The State of C.G. Through- Police Station Kansggel Distt Jashp’i‘fl: Nager C.G. / CREMINAL REVISON U/S 397 OF CRIMINAL PROCEDURE CODE . g m R g Applicant Tejbti Bai Complainant W/o Amritram agsd about 32 years by cast Goun, occupation House work, R/o Village Dhengoorjor, P/s Kansabel, Distt Jashpur Nager (C.G.) Versus Z // Restondent (1} Ishwar Pras’gd Accused S/o Gorango Yadav, aged about 61/, yegr/s, occupation agricu ture, " R/o Village Dh ngoorjor, P/s Kansabel, Disst Jashpur Nager C.G. hak @ HIGH COURT OF CHHATTISGARH. BILASPUR DB: Hon’ble I. M. QUDDUSI & Hon’ble G. MINHAJUDDIN, JJ CRIIVHNAL'REVISION No. 386 of 2005 Tcibati Bai Vs. APPELLANT: Ish'war Prasad and anothcr RESPONDENTS: CRIMIm REVISION U/S 397 OF THE CODE GF CRIMINAL PROCEDURE‘ Appearanée: s Mr. Rahui Mishra counssl for th€ Appellant. Mr. Ajit Singh, Panel Lawysr, for mspondsnt no.2. ORAL ORDER (14.12.2011) Per LM. QUDDUS1, J, 1. Heard on M.(Cr).P.No.2079 of 2005, an application for condonation of delay in Wing fhe revision. There 1S delay of 54 davs’ in preferring this revision which has been filed aQajnst the impugned judgment dated 12.042005 passed by learned Special Court (Atrocities) Jashpur in Special Case No.1]2005 acquitting respondent no.1 of the charges under section 376 IPC read with sections 8(1)(x1'i) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. According to the prosecution case, on 05.04.2004 the accused called the prosecuhix at his house for doing his domestic work. Thereafter the accused shut the door and committed rape on ”the pro'se’cutxix in his house. The husband of prosecutrix was not available in the house on the date of incident. When the husband retunmd in the evening of 06.4.2004 she namted the incident to him. They went to the police station Kansabel aild requested for registering FILR; When the police did not take any action, the prosecutcix made a complaint to the ‘ Superintendent of Police, District Jaspurnagar. The S.P. i i Jashpurnagar directed the police station Kansabel for registeiing the First Information,Report and accordingly the FIR was registered. The police started investigation The medical examination of the prosecutrix was also conducted by ‘ u ; ‘ Dr. Smt. R. Toppo (P.W.4). After completion of the investigation § 4 t. 1 the Police has iiled Challan before the Chief Judicial Magistrate, Jashpurnagar. The matter was committed to the learned Special Judge (Atrocities) who after taking the evidence \xx. and hearing learned counsel for the parties passed the judgment of acquittal, against which the prosecutrix has filed the instant revision. Learned court below has acquitted respondent no.1 holding that the eifect of non—corroboration of evidence led by the prosecution against respondent no.1 leads to non—proving of charge of commission of rape against him and prior to the incident, there was allegation of robbery against the prosecutrix. i4. According to the medical evidence of Dr. Y. K. Toppo (P.W.3) the accused] respondent no.1 was not capable of doing sexual intercourse. Further there was unexplained delay of about 4 months in lodging the FIR and no reason was assigned for lodging the FIR at such belated stage. Earlier only a report // . regarding simple quarrel was made. Therefore, it appears to be / an aftsr thought. An 01d and in%”m p6rson like respondent no.1 who was not capable of committing sexual intercouise, cannot commit rape and hence there is no scope of interference in the impugned judgment of the learned court below. The prosecutrix belongs to Scheduled Tn’be community. It also appears that for getting some amount of compensation meant for of S.C persons community as per the scheme Government, the FIR might have been lodged. w? 5. i In View of the above, there is no justification for condoning the the revision is delay and on merits also, is not liable to be allowed. In the result, the delay in tiling the application for condonation of delay as well as the revision is dismissed as time barred. No order as to costs. t ‘ Sd/-’ Sdl—~udd‘m LM. Quddusi ‘ G.Minhal Judge Judge Rao