DARA MALIK Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The instant criminal appeal filed by the appellants herein under Sec. 374(2) of the Cr.P.C. challenging therein judgment of conviction and order of sentence passed by the Additional Sessions Judge (FTC), Bilaspur (C.G.) dtd. 30/9/2013 in Sessions Trial No. 66/2013, whereby each of the appellants has been convicted and sentenced as under:-

(2.) As per the prosecution story, on 5/2/2013 at about 16:10 hours, the victim (PW-1) lodged F.I.R. against the appellants making allegations that on 4/2/2013 at about 08:00 PM while she was watching TV, appellant No. 2 Bharat Chimote tried to enter into the house and he was driven away by the victim. Thereafter, at about 08:30 PM, both the appellants i.e. Dara Malik (A-1) and Bharat Chimote (A-2) entered into her house, gagged her mouth and took her to the house of Sadhmati (PW-3), where both of them committed forcible sexual intercourse upon her. The appellants took her to house of one Sambhu Malik at about 11:00 PM where his wife Ganeshi Bai @ Guddi (PW-2) was present. Guddi tried to rescue the victim, but she was threatened for her life and thereafter, both the appellants again committed sexual intercourse with the victim. The victim was driven away from the house of Guddi (PW-2) at about 04:00 am on 5/2/2013. At about 07:00 am, the victim narrated the incident to the neighbors and thereafter, she approached to the police station for lodging the F.I.R. On such complaint, police registered the F.I.R. (Ex.-P/1) for offence punishable under Ss. 342, 376(D), 323 read with Sec. 34 of the IPC against the appellants.

(3.) Consent of the victim (PW-1) was taken for medical examination vide Ex.-P/2. The undergarments of the victim and the appellants were seized vide Ex.-P/3, Ex.-P/4 and Ex.-P/5. The victim was medically examined by Dr. (Smt.) Rama Ghosh (PW-12) on 6/2/2013 vide Ex.- P/9. The appellants were medically examined by Dr. Om Prakash Raj (PW-10) on 6/2/2013 vide Ex.-P/10 and Ex.-P/11. Seized articles and vaginal slides were sent for FSL. Site plan was prepared by police vide Ex.-P/15. The appellants were arrested on 6/2/2013 vide arrest memo Ex.-P/21 and Ex.-P/22. In FSL report Ex.-P/26 semen and human sperm have been found over slides and undergarments of the victim.