RAMSURAT ALIAS SURTA Vs. STATE OF M P

JUDGEMENT

(1.) This appeal has been preferred against the judgment and order dated 5.7.1996 passed by Additional Special Judge, Ambikapur, District Sarguja in Special Case No. 81/1994 convicting the accused/appellant for the offence punishable under Sections 342 and 376 (2)(g) IPC and sentencing him to undergo RI for one year under Section 342 and RI for ten years with fine of Rs. 1,000 under Section 376 (2)(g) IPC, plus default stipulations.

(2.) Facts of the case in brief are that on 22.4.1994 FIR Ex. P6 was lodged by the prosecutrix a married lady aged about 18 years alleging that on 21.4.1994 at about 4 p.m. when she was returning from the house of her father, on the way accused/appellant herein and coaccused Rajendra apprehended her and made certain inquiry from her. Accused/appellant caught hold of her hand whereas co-accused gagged her mouth with shawl. It is alleged that the accused persons took her to a nearby tree with an intention to outrage her modesty out as at that time two persons namely Baua Ahir and Karnia Ahir came there, accused persons ran away. Based on this FIR, offence under Section 354/34 IPC was registered against the accused persons. Statement of the prosecutrix under Section 161 Cr.PC was recorded on 23.4.1994 in which she made an allegation that she was subjected to gang rape by the accused persons. Thereafter, the prosecutrix was medically examined on 26.4.1994 by Dr. (Smt.) M.P. Jaiswal (PW4) who gave her report Ex. P-3 and then after completion of investigation charge-sheet was filed against the accused persons under Sections 376 and 342/34 IPC.

(3.) In support of its case the prosecution has examined 10 witnesses. Statement of the accused/appellant was also recorded under Section 313 of the Code of Criminal Procedure in which he denied the charge levelled against him and pleaded his innocence and false implication in the case. Trial of the co-accused being minor was however made over the Juvenile Court.