DURGESH CHANDRAWANSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 30.10.2014 passed by the Additional Sessions Judge (FTC), Rajnandgaon in Special Sessions Trial No.7 of 2014, whereby the Appellants have been convicted and sentenced as under:

(2.) Prosecution case, in short, is that the prosecutrix (PW2) was aged about 14 years. According to the entries of Dakhil Kharij Register (Ex.P15), her date of birth is 15.8.1999. The date of incident is 19.10.2013. On 22.10.2013, the prosecutrix (PW2) lodged First Information Report (Ex.P3) alleging that on 19.10.2013 at about 6 p.m., she had gone to the house of Vani (PW7) for getting tuition from her. There, on getting call of nature, she went outside towards the road to attend the call of nature. At that time, both the Appellants came there on a motorcycle. Appellant No.1 was driving the motorcycle and Appellant No.2 was a pillion rider. Appellant No.2 forcibly made her sit on the motorcycle and they took her to an agricultural field and thereafter Appellant No.2 committed forcible sexual intercourse with her there. Thereafter, both the Appellants took her back and left her at her house. She narrated the incident to her mother and father. Offence was registered. She was medically examined by Dr. Ekta Daniel (PW13). Her report is Ex.P17. 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. The Trial Court framed charges.

(3.) To bring home the offence, the prosecution examined as many as 15 witnesses. Statements of the Appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the guilt, pleaded innocence and false implication. No witness has been examined in their defence.