RAMNIWAS AND ANOTHER Vs. STATE OF C.G.

JUDGEMENT

(1.) Since the aforementioned three appeals arise of the same judgment dated 14.2.2008 passed by Additional Sessions Judge (FTC) Durg in Sessions Trial No. 370/1999, they are disposed of by this common judgment:

(2.) Case of the prosecution in brief is that on 25.6.1999 at about 11.15 p.m. FIR (Ex. P-1) was lodged by the prosecutrix (PW-1) aged about 24 years alleging that on 24.6.1999 at about 9.30 p.m. she was returning along with her husband on bicycle after taking treatment from witch doctor and when she reached near a brook in between Rajiv Nagar and Gautam Nagar, some boys who were standing there asked her husband to stop. It is alleged that when her husband stopped, she got down from the bicycle. Meanwhile, three-four boys came to them and started abusing and beating her husband. When she tried to cry, two boys gagged her mouth, took her to some distance and then both of them committed forcible sexual intercourse with her thrice. It is alleged that when those two boys were committing the offence, other 3-4 boys were beating her husband. It is alleged that when some persons of Gautam Nagar locality came there, all the boys fled away from the place of incident. It is alleged that as a result of beating, her husband had received injury on the left eye and the fingers of right hand. It is alleged that though she did not know the names of the boys, after seeing she would identify them. It is further alleged that as she was threatened by those boys, report could not be lodged by her on the same day but after being advised by the people of the vicinity the report was lodged on the next day i.e. on 25.6.1999. Case diary statement of the prosecutrix was recorded on 26.6.1999 whereas that of her husband Santosh was recorded on 25.6.1999 itself. After completion of investigation challan was filed before the competent Court.

(3.) In order to establish the guilt of the accused/appellants the prosecution has examined 14 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.