RAJESH PANIKA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Invoking criminal appellate jurisdiction of this Court under Sec. 374(2) of the Code of Criminal Procedure, 1973 (for short, 'CrPC'), the present appeal has been preferred by the two appellants, i.e., A-1 Rajesh Panika (now died) and A-2 Laxman, against the judgment and order dtd. 9/8/2016 passed by the Additional Sessions Judge (F.T.C.), Surguja (Ambikapur)/Special Judge under Protection of Children from Sexual Offences Act, 2012 in C.Reg. (SPL.ST.POCSO) No.24/2015, by which both the appellants have been convicted for the offences punishable under Sec. 376D of the Indian Penal Code, 1860 (for short, 'IPC') and Sec. 5(g)/6 of the Protection of Children from Sexual Offences Act, 2012 (for short, 'POCSO Act') and for each of the offences, they have been sentenced to undergo Rigorous Imprisonment for Life with fine of Rs.1000.00 and in the event of nonpayment of fine amount, to undergo additional Simple Imprisonment for three months, with a direction to run all the sentences concurrently in accordance with law.

(2.) Both the appellants were charge-sheeted for the aforesaid offences before the Trial Court alleging that on 7/3/2015 at 9:30 a.m. in Village Potka, under the bridge, both of them in furtherance of their common intention, committed gang rape/ penetrative sexual assault on the minor victim (PW-7) punishable under Sec. 376D of IPC and Sec. 5(g)/6 of POCSO Act.

(3.) Case of the prosecution, in nutshell, is that on 7/3/2015 at 9:30 a.m., the victim (PW-7) on her bicycle was going to her uncle Ram Kishore's house for the purpose of performing some agriculture operation and on way to Jamdai route, on the bridge, A-2 Laxman pulled her bicycle's carrier on account of which, she fell down and just prior to that, A-1 Rajesh and A-2 Laxman both had smeared colour (gulal) on her (as it was holi festival). Thereafter, A-2 Laxman caught hold of her legs and A-1 Rajesh caught hold of her hands and took her under the bridge and committed sexual intercourse with her forcibly one by one. It is the case of the prosecution that, hearing the hue and cry of the victim, DW-1 Komal Chand who was present in the nearby field at that time to answer the nature's call, had come to the spot and witnessed the said incident but the appellants abused him to leave from the spot. After committing sexual intercourse with her, the appellants left her and threatened her not to tell about the said incident to anyone and told that they would give money to her. Thereafter, the victim left her bicycle at the place of incident and reached her home and informed her parents about the incident.