RAJESH CHAKRADHARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both these appeals arise out of the judgment of conviction and order of sentence dtd. 7/2/2019 passed by the 7 th Additional Sessions Judge, Distt. Raipur in Special Criminal Case No.2152017, they are being disposed of by this common judgment. By the impugned judgment, the appellants stand convicted under Ss. 363/34, 366/34, 342/34, 376D of IPC and Sec. 6 of Protection of Children from Sexual Offences Act, 2012 (in short the Act of 2012) and keeping in view the provisions of Sec. 42 of the Act of 2012, sentenced as under

(2.) Case of the prosecution, in brief, is that on 26/5/2017 the prosecutrix was going to the house of her Bua (father's sister) at Ulba by bus. When she reached at the turning of Ulba at around 3 o'clock, the accusedappellants came from Ulba on a red coloured motorcycle and enquired from her about her arrival. They told her that they knew the house of her Bua and would drop her there. Thereupon she sat on their motorcycle. However, the accusedappellants instead of taking her to her destination, rode her around towards Ulba and Rakhi. At about 7 o'clock they took her into a room of a Khaprail house (a clay- tiled house) situated at Ulba Brick-kiln, closed the room from inside, tied her hands and legs with scarf and on the threat of being killed if she screamed or tried to escape, committed rape upon her turn by turn and fled from there after about three hours. She somehow untied her and informed about the incident to her Bua, Jeeja (husband of sister) and her sister. She also informed them about the physical characteristics of the accused and the vehicle number 8137. On 27/5/2017 in the village meeting she identified both the accusedappellants. On her report, offence under Ss. 363, 366, 342, 506, 376D of IPC and Ss. 5 and 6 of the Act of 2012 was registered and after completing usual investigation, charge sheet was filed against them.

(3.) Learned trial Court framed charges under Ss. 363, 366, 376D, 506 Part-II, 342 of IPC and Sec. 6 of the Act of 2012 against the accused persons, which were abjured by them and they prayed for trial. In order to substantiate its case the prosecution examined 13 witnesses in all. Statements of the accused were recorded under Sec. 313 of CrPC wherein they denied all the incriminating circumstances appearing against them in the prosecution case, pleaded innocence and false implication. However, no witness was examined by them in defence.