BHARATLAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both the aforesaid appeals arise out of same incident they are heard analogously and are being disposed of by this common judgment.

(2.) Both these appeals are preferred against the judgment of conviction and order of sentence dated 23-4-2001 passed by 6th Additional Sessions Judge, Bilaspur in Sessions Trial No. 363 of 2000 wherein the said Court has convicted the appellants for commission of offence under Sections 363, 376 (2)(g) and 506-B of the IPC , 1860 and sentenced them to undergo RI for three years and fine of Rs.500/-, RI for ten years and fine of Rs.500/- and RI for one year with default stipulations respectively. All the sentences are directed to run concurrently.

(3.) In the present case, prosecutrix is PW/1. As per prosecution case, on 5-7-2001, prosecutrix a girl aged about 14 years along with her girl friends had gone to her school situated at village Tenduwa at about 10.00 a.m., Her school is situated 3 kms away from her village Matsagra. At about 12.30 noon the school was over and the students returned. Her girl friends went to village Tikra whereas prosecutrix went to the house of one Doctor who is closely known to her father, but his house was locked, therefore, she sat under a Neem tree at village Tenduwa. It is alleged that both appellants went to the place where prosecutrix was sitting and both appellants were armed with axe. They caught hold of the girl and dragged her towards forest.. On enquiry by the girl, accused persons threatened her to kill and they had taken her upto Kori dam. They took the girl in hut and first appellant Ramnarayan committed sexual intercourse with her. At that time the other appellant namely Bharatlal was standing holding axe in his hand and was threatening that if she would make any hue and cry she will be killed. After appellant Ramnarayan, appellant Bharatlal also committed sexual intercourse with prosecutrix. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced them as aforementioned.