Penal Code, 1860–Secs. 376 (1) & 323–Scheduled Castes & Scheduled Tribes (Prevention of Atrocities) Act, 1989–Sec. 3(2)(v)–Conviction–Appreciation of–Testimony of prosecution witnesses and medical evidence proving the guilt of accused–Semen was detected on the underwear of prosecutrix and appellant–Offence u/s. 323 proved by the injuries sustained by PW-7–Held, conviction u/ss. 376(1) & 323 was justified–However, prosecution failed to prove the fact that the accused committed rape on the ground that the prosecutrix was a member of scheduled caste–Held, conviction u/s. 3(2)(v) deserves to be set aside.
