MANOJ GIRI Vs. STATE OF CHHATISGARH

JUDGEMENT

(1.) The present appeal arises out of the judgment and order passed by the High Court of Chattisgarh at Bilaspur whereby the High Court maintained the conviction of the appellant under Sections 396 and 376 (2)(g) of the Indian Penal Code, 1860 [in short 'the IPC'] and sentenced him to undergo imprisonment for life and rigorous imprisonment for ten years, respectively, but set aside his conviction under Section 395 of the IPC for a period of five years awarded by the trial court. Earlier, the trial court while acquitting other co- accused held the appellant - Manoj Giri guilty for commission of dacoity, murder of Domara Sahu in the course of committing dacoity etc. and convicted him under Sections 395, 396, 397, 398 and 376 (2)(g) of the IPC and sentenced him to undergo imprisonment for life and RI for different periods.

(2.) According to the prosecution, on the fateful night of 25.01.2004 at about 9 pm, prosecutrix (PW1) was returning with her husband, namely, Ganesh Sahu (PW2) on the bicycle from Village Gatauri along with her father- in-law Domara Sahu (since deceased) on other bicycle from village Mohtarat after taking her treatment. It was a lonely road as they were passing by Koshtha pond at Village Mohtarai, someone focused a torch light on them and then hurled abuses and stopped them. Then two more persons reached there and caught the cycle of Ganesh Sahu and stopped him. Two other persons stopped the cycle of Domara Sahu. One person inflicted iron rod blow to Ganesh Sahu and another slapped Domara Sahu. They took the prosecutrix, her husband and Domara Sahu towards the field and threatened they would be killed if they cried out. Ganesh Sahu was beaten senseless and his hands and legs were tied up with a lungi. Domara Sahu was also beaten senseless. Those persons threatened the prosecutrix and took off her sari and under garments and then raped her one by one. One of them had tied her legs and raped her, another untied her while raping her.

(3.) Ganesh (PW2) was examined by Dr. A.N. Mandal (PW4), vide Ex.P-4 and following injuries were found :