HARINARAYAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) The appeals have been preferred against the judgment dated 22.10.2002 passed by the Additional Sessions Judge, Surajpur, District Surguja in Sessions Trial No.92 of 2002, whereby both the Appellants have been convicted and sentenced as under: Conviction Sentence Under Section 363 of the Rigorous Imprisonment for 3 Indian Penal Code years and fine of Rs.500/- with default stipulation Under Section 366 of the Rigorous Imprisonment for 3 Indian Penal Code years and fine of Rs.500/- with default stipulation Under Section 376(2)(g) of the Rigorous Imprisonment for 10 Indian Penal Code years and fine of Rs.1,000/- with default stipulation

(3.) Prosecution case, in brief, is that on the relevant date, age of the prosecutrix (PW1) was about 15 years. At that time, she was studying in 6th standard. On 3.12.2001, after attending her school in the evening hours, she was returning her house. On the way, both the Appellants met with her and they deliberately made her sit on their motorcycle and took her to the house of Jagsai, brother of Appellant Jagbaran, where both the Appellants committed forcible sexual intercourse with her one by one in the night. Next day, the Appellants took her to the house of one other person. There they kept her for 2 days and there also they committed sexual intercourse with her. Next day, in the afternoon, jija (brother-in- law) of Appellant Jagbaran left her near the house of her sister Manmet (PW3). The prosecutrix told about the incident to Manmet (PW3). Next day, Niranjiya (PW2), mother of the prosecutrix was called. Thereafter, Niranjiya (PW2) took the prosecutrix with her. Thereafter, First Information Report (Ex.P1) was lodged by the prosecutrix. Statements of the prosecutrix and other witnesses were recorded under Section 161 of the Code of Criminal Procedure. On completion of the investigation, a charge-sheet was filed against the Appellants. Charges were framed against them.