SANTOSH KUMAR Vs. STATE OF C G

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 13.7.2007 passed by Additional Sessions Judge, Sakti, District Janjgir Champa in Sessions Trial No. 207/2006 convicting the accused/Appellants for the offences punishable under Sections 363, 366, 376(2)(g) and 506 (Part-II) IPC and sentencing each of them to undergo rigorous imprisonment for five years with fine of Rs. 500 under Sections 363 and 366 on each count, rigorous imprisonment for ten years with fine of Rs. 1000 under Section 376(2)(g) and rigorous imprisonment for three years under Section 506 (Part-II) IPC plus default stipulations.

(2.) Facts of the case in brief are that on 11.12.2005 written report Ex. P-l was lodged by the prosecutrix (PW-1) aged about 18 years at the relevant time to the effect that on 25.11.2005 at about 1 O'clock in the night when she had gone to Kola Badi to answer the call of nature, accused/Appellants out of whom accused Santosh held a knife in his hand, came there, took her outside the said Kola Badi by dragging, threatened to finish her in case she raised an alarm and then committed forcible sexual intercourse with her one after another. Thereafter, they allegedly took her to Sakti on a motorcycle and from there accused/Appellant Chandra Shekhar (Appellant No. 3 herein) took her to Jammu by train where in the railway station her uncle namely Ramesh Kumar Chandra (PW-4) met her and on seeing him he ran away. Thereafter, it is alleged that she immediately narrated the incident to her uncle (PW-4) and then went to his house and after staying there for 4-5 days she was brought back to her home by him where she narrated the entire incident to her parents and then the report came to be lodged. On the basis of this written report, FIR (Ex. P-2) was registered on 11.12.2005 and after completion of investigation the charge sheet was filed by the police on 10.2.2006.

(3.) So as to hold the accused/Appellants guilty, prosecution has examined 19 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.