OM VERMA @ CHANDRAKAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 02.08.2013 passed by First Additional Session Judge, Balodabazar, Session Division- Raipur (C.G.) in Session Trial No. 31/2013, wherein the said court convicted both the appellants for commission of offence under Section 376 (2)(g) (Gang Rape) of IPC, 1860 and sentenced to undergo R.I. for 10 years and fine of Rs. 2000/- each with further default stipulations.

(2.) In the present case, prosecutrix is PW-1. As per version of the prosecution, on the date of incident i.e. intervening night of 25 th to 26th January, 2013, the prosecutrix had gone to Village- Girra in birth celebration of a newly born baby in her parental house. She received telephonic message regarding accident of her husband Laxminarayan. The prosecutrix left for Balodabazar at 7:30 in the evening. She kept waiting for bus to Balodabazar at Bus Stand- Girra, but no bus was available. At the same time, both the appellants came on motor-cycle and said to the prosecutrix that they would take her to Balodabazar. Since, the prosecutrix was acquainted to them, she agreed to come with them. They all left for Balodabazar at about 11:00 in night, but the appellants did not take her to her house and took her to another place near Purani Basti Pond and committed rape on her. The matter was reported and investigated, appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-