SANTOSH MARAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since the aforementioned three appeals arise out of the same judgment and order dated 31.10.2007 passed by Additional Sessions Judge Janjgir Champa, in Sessions Trial No. 133/2007 convicting the accused/appellants under Section 376 (2) (g) IPC and sentencing each of them to undergo rigorous imprisonment for ten years and pay fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for six months, they are disposed of by this common judgment.

(2.) Case of the prosecution in brief is that on 16.2.2007 a written report (Ex. P1) was lodged by the prosecutrix aged about 16 years at the relevant time and studying in class VIII, to the effect that on 15.2.2007 at about 8 p.m. she along with her sister -Santoshi (PW2) was returning home after attending Ramayan and as soon as she reached near the house of one Ghanram Marar, accused/appellants Kushwa Marar, Santram Marar, Santosh Marar and Tarun Chandra came there, gagged her mouth, caught hold of her sister Santoshi (PW2) who somehow managed to get rid of them and rushed to her house. They, thereafter, lifted her away to a nearby pond, threw her down, on alarm being raised by her, they inserted a piece of cloth in her mouth and committed forcible sexual intercourse with her one after another. After commission of the crime, accused/appellants Santram Marar, Santosh Marar and Tarun Chandra left the spot but accused Kushwa had again committed rape on her and then he too ran away. It is alleged that after the incident while the prosecutrix was getting back, on the way her brother Mukaddar (PW4 ) met her whom she narrated the entire incident and then after reaching home it was disclosed to her grandmother namely Rukmani Bai (PW13) and uncle Kartik Ram (PW3). Subsequently, the incident was informed to the Sarpanch of the village followed by written report (Ex. PI) being made to the police on the next day based on which FIR (Ex. P2) came to be registered against the accused/appellants Kushwa Marar, Santram Marar, Santosh Marar and Tarun Chandra for the offence under Section 376 (2)(9) IPC. After completion of investigation charge-sheet was filed by the police on 3.5.2007 against accused/ appellants Kushwa Marar, Santram Marar, Santosh Marar, Tarun Chandra and Santosh Kumar S/o Kanshi Ram for the offences under Sections 376 (2)(g), 363, 366 and 354 IPC.

(3.) In order to establish the guilt of the accused/appellants the prosecution has examined as many as 20 witnesses. Statements of the used/ appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charges leveled against them and pleaded their innocence and false implication in the case.