MAHENDRA RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals arise out of a common judgment, they are decided together.

(2.) The instant appeals have been preferred against the judgment dated 14.12.2001 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the Act'), Jashpur in Special Case No.23 of 2001, whereby each of the Appellants has been convicted and sentenced as under:

(3.) Prosecution case, in brief, is that on the relevant date the prosecutrix (PW1) was aged about 15 years 9 months. On 13.7.2000, at about 6 a.m., to go to the house of her maternal grand parents, the prosecutrix (PW1) came out of her house along with her friend Anita (PW2). At about 9 a.m., when they reached Sanna nala, both the Appellants met there. Appellant Ramkumar caught hands of the prosecutrix, then Anita (PW2) screaming ran away from there towards Basti. Thereafter, Appellant Ramkumar pressed her neck and dragging her towards under a tree committed rape with her there. thereafter, he called his friend Appellant Mahendra. The prosecutrix tried to run away from there, but Appellant Mahendra caught her and committed rape with her. Thereafter, she, weeping, returned. On the way, two persons along with Anita (PW2) met her. She told them about the incident and thereafter returned to the house of her maternal grand parents and also told them about the incident. A village meeting was convened. Thereafter, on the same day, i.e., the date of incident itself, at about 4 p.m., named First Information Report (Ex.P1) was lodged by her. She was medically examined by Dr. Vinodini Bakhla (PW4). Her report is Ex.P8 in which redness and swelling were found over private part of the prosecutrix. Her hymen was ruptured. Slight bleeding was found from the private part. Swelling, tenderness and laceration were found over the perineum. Statements of the prosecutrix as well as other witnesses were recorded under Section 161 of the Code of Criminal Procedure. Caste certificate and mark-sheet of the prosecutrix were also seized. On completion of the investigation, a charge-sheet was filed against the Appellants. Charges under Section 3(1)(xi) of the Act and Section 376(2)(g) of the Indian Penal Code were framed against them.