KAUSHAL RAM Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 10.1.1997 passed by Additional Sessions Judge Durg, in Sessions Trial No. 103/1995 convicting the accused/appellants under Section 376(2)(g) IPC and sentencing each of them to undergo rigorous imprisonment for ten years.

(2.) Facts of the case in brief are that on 1.7.1994 FIR (Ex. P-1) was lodged by the prosecutrix aged about 16 years at the relevant time alleging that on 30.6.1994 at about 7 P.M. while she was returning from the village pond after answering the call of nature, accused/appellants came to her, caught hold of her, dragged her to the nearby bushes, threatened her of life in case she raised alarm and after throwing her on the ground committed forcible sexual intercourse with her. It is alleged that first it was committed by accused/appellant Kaushal and then by Rekhram and after their act was over, they ran away. It is the further case of the prosecution that after the accused/appellants left the spot, the prosecutrix started crying on hearing which her father Setram, uncle Punitram, one Govind, Thagendra and Bheem uncle reached there whom she narrated the entire incident. After completion of investigation, charge sheet was filed by the police on 26.8.1994 for the offence under Section 376(2)(g) IPC.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 11 witnesses in support of its case. Statements of the accused /appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges levelled against them and pleaded their innocence and false implication in the case.