Penal Code, 1860–Secs. 376, 366 & 450–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(5)–Acquittal from the charge–No injury on the genitals or any other part of prosecutrix despite the alleged forcible intercourse by both accused-respondents –This fact was admitted by her as well as established by the medical evidence–Key witness of prosecution turned hostile and did not support the version of prosecutrix–Version of the prosecutrix is found doubtful in view of the testimony of other witnesses–Inordinate delay of five days in lodging the FIR–No reasonable explanation–Present prosecution was launched as a consequence of the alleged incident of petting stones by the accused party–Once the offences u/ss. 376, 366 & 450 is not proved, there is no question to convict the appellants u/s. 3(2)(5) of SC/ST Act–Held, the acquittal was justified.
