KANCHAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 07.12.2001 passed by Session Judge, Ambikapur, Surguja (C.G.) in Session Trial No. 12/2001, 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. 5000/- each with further default stipulations.

(2.) In the present case, prosecutrix is PW-1. As per version of the prosecution, on 25.12.2000 at about 12:00 midnight, the prosecutrix was at her home at Village- Mareya where both the appellants entered into and firstly appellant No. 1- Kanchan Singh committed rape on her while appellant No. 2- Ratia was standing on door and thereafter, appellant No. 2- Ratia also tried to commit 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:-