KASHIRAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both the aforementioned appeals are arising out of the same judgment dated 17.12.98 passed in Sessions Trial No. 166/1998, they are being disposed of by this common judgment.

(2.) The present appeals are directed against the impugned judgment dated 17.12.98 passed by the Additional Sessions Judge, Bemetarain Sessions Trial No. 166/98 convicting the appellant/accused- Khubiram alias Ramesh in (Cr. A. No. 3091/1998) for the offences punishable under Sections 376 (2) (g)/l 14 of the Indian Penal Code and sentencing him to undergo rigorous imprisonment for 2 years and to pay fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for two months whereas appellants Kashiram and Lalxminarayan alias Bodda in (Cr. A. No. 5/99) for the offences punishable under Sections 376(2)(g) of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for 10 years and pay fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for two months.

(3.) Brief facts of the case are that on 27.2.1998 FIR (Ex.P-2) was lodged by the prosecutrix (PW-2) aged about 12 years alleging that on 26.1.1998 at about 2.00 p.m. her mother Sushila Bai (P W-3) had asked her to go to the field to take care of the crop standing thereon. Thereafter, she went to the house of the accused Lakshmi Narayan to watch T. V. where the other accused persons namely Kashi Ram and Khubi Ram were also present. After watching TV for some time, she along with her friend Bina (P W-4) went to the field where at about 4.00 p.m. all the accused persons had also come. Accused Lakshmi Narayan had called her and when she did not go to him, he caught hold of her hand, dragged her to a nearby pit where accused Kashi Ram was already standing. Meanwhile, accused Lakshmi Narayan leaving her there went to some distance. Accused Kashi Ram after holding both of her hands asked her to have sexual intercourse with him and when she refused for that, he had thrown her on the ground and after removing her underwear as also that of his own inserted his penis in to her private part and thus committed sexual intercourse with her. Thereafter, accused Lakshmi Narayan who was already standing nearby also came there and committed rape on her. She has stated that when Lakshmi Narayan was committing the offence Khubhi Ram started shouting saying that mother of the prosecutrix was coming and on hearing this, they left the place and went towards the dam. Thereafter, she disclosed the incident to her friend Bina who was in some other field. She has also stated that on account of her being dragged by accused Laxmi Narayan she had sustained abrasions on her wrist and nose. Then she came to her house along with her mother and informed her father about the incident who thereafter went to the Kotwar and disclosed the matter to him. However, due to onset of night, the report could not be lodged on the same day which ultimately was lodged on 27.1.1998. She has also stated that had her mother not reached the spot, accused Khubiram would have also committed the offence. Thereafter, the prosecutrix was sent for medical examination to Government Hospital, Durg, vide Ex. P-11 where she was examined by Dr. (Smt.) Sugam Sawant (PW-9). After completion of investigation charge sheet was laid against all the accused/appellants.