YOGESH BHUARYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the appeals are arising out of same sessions trial ie. ST No.3/12, they are being considered and decided by this common judgment.

(2.) Appellants would call in question their conviction under Sections 366 and 376(2)(g) of the Indian Penal Code (for short 'the IPC') and sentence of R.I. for 07 years and life imprisonment with default stipulations by the Sessions Judge/ Special Judge (FTC),Uttar Bastar, Kanker in ST No.3/2012.

(3.) As per the prosecution case, the prosecutrix (PW-4), a scheduled tribe girl, aged about 15 years 4 months, having studied up to class 7th, had gone to witness Ramleela played in the village. At about 8 pm on 16.10.2011 she was watching Ramleela with her mother Smt. Khorin Bai (PW6) and friend Ku. Sumit Komra (PW5). She went to attend nature's call at about 12'O clock in the midnight with her friend PW5 Ku. Sumit Komra. When she reached near the house of one Ramnath Komra, five boys gagged her mouth with a handkerchief and abducted her from the place. She was taken to a nearby agricultural field; her salwar suit was torn; removed the underwear; and thereafter, the present appellants - Yogesh, Shashikant and Bheekham along with two other accused Mukund and Golu Kange raped her one by one, due to which she became unconscious. Her mother and her brotherin-law (Jija) brought her to the house. The prosecutrix narrated the incident to her elder sister Lakshmi, brother-in- law Maneshwar and her mother. In the meeting convened on the next day she identified the accused persons and named them. The dehati nalasi was reported at Chowki Damkasa vide Ex-P9 on 23.10.2011. The First Information Report (FIR) was registered at Police Station Bhanupratappur vide Ex-P25 on 24.10.2011.