SUSHIL GOSWAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This criminal appeal, under Sec. 374(2) of CrPC, has been preferred by the two appellants herein questioning the legality, validity and correctness of the judgment of conviction and order of sentence dtd. 21/12/2015 passed by Special Judge under Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, Jashpur in Special Case No.29/2014, by which both the appellants have been convicted and sentenced in the following manner:- <FRM>JUDGEMENT_29_LAWS(CHH)11_2023_1.html</FRM>

(2.) It would be relevant at this juncture to mention here that apart from the aforesaid offences, the two appellants herein were previously also charged with the offence punishable under Sec. 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (in short, 'Atrocities Act'). However, the said offence under the Atrocities Act was not found proved by the trial Court and, accordingly, the trial Court by the impugned judgment acquitted both the appellants from the said offence.

(3.) Case of the prosecution, in nutshell, is that on 7/3/2014 at about 7:00 p.m. in the evening at Village Bataikela under Police Station Kansabel, District Jashpur, the two appellants herein, in furtherance of their common intention, committed gang rape with prosecutrix (PW-4), threatened her to death and also voluntarily caused hurt to her; thereby committed the aforesaid offences.