GHANSHYAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal has been preferred by the appellants against the judgment of conviction and order of sentence dtd. 3/4/2017 passed by the Learned Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985, Raipur, Chhattisgarh in Special Sessions Case No. 43 of 2014, convicting the appellants for the commission of offence under Sec. 376(d)/34 of the Indian Penal Code (for short 'IPC') and sentencing them to undergo imprisonment for life and fine of Rs.5,000.00 each, in default of payment of fine to further undergo rigorous imprisonment for 6 months to each of the appellant.

(2.) The case of the prosecution, in brief, is that the prosecutrix is mentally unsound person who was living with her mother Uma Bai (PW-1). On 6/10/2014, the prosecutrix was allegedly gang-raped by the appellants. Uma Bai (PW-1) was informed about the incident, who immediately arrived on the spot and saw the appellants fleeing from the spot. The prosecutrix has narrated about the incident to Uma Bai (PW-1), who then lodged the FIR Ex. P/1. On the basis of which, the case has been investigated and the charge-sheet has been filed.

(3.) Learned trial Court framed charges against the appellants under Sec. 376 read with Sec. 34 of the IPC, Sec. 376(2)(B)/34 of the IPC and also under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. The appellants denied the charges and pleaded innocence and false implication. The prosecution examined as many as 20 witnesses. On completion of prosecution evidence, the appellants/accused persons were examined under Sec. 313 of the Cr.P.C., in which they denied all the incriminating evidence against them and again pleaded not guilty stating that they have been falsely implicated. No witness has been examined in defence. Learned Special Judge by the impugned judgment has convicted and sentenced the appellants for the offence as mentioned herein-above and acquitted them from the charge under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1985.