ANIL ALIAS MANGU Vs. STATE OF CG

JUDGEMENT

(1.) THIS appeal is directed against the judgment dated 1.8.2002 delivered by Shri R.S.Sharma, Special Judge, (S.C./S.T. Act), Bastar at Jagdalpur in Sessions Case No.472/2001 whereby the appellants were convicted under Section 376(2)(g) I.P.C. and Section 3(1)(xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Act of 1989) and sentenced to undergo rigorous imprisonment for ten years and fine of Rs.4,000/- and in default to undergo additional rigorous imprisonment for two years under Section 376(2)(g) I.P.C. and to undergo rigorous imprisonment for 3 years and a fine of Rs.2000/- and in default to undergo additional rigorous imprisonment for nine months under Section 3(1)(xii) of the Act of 1989.

(2.) DURING course of hearing, it was not disputed that the prosecutrix belongs to the Scheduled Tribe (Gond caste). It was also not disputed that the prosecutrix' had accompanied the appellants in the Jeep towards the jungle on 12.7.2001 at about 5:00 P.M.

(3.) ON 14.7.2001, seven red and green coloured pieces of bangles and three white pieces of bangles with blue linings were seized vide Ex.P.2 from the Kurremarka forest i.e. the place of occurrence. One yellow saree, one pink petticoat, one red underwear and two green bangles with red linings were seized from the prosecutrix vide Ex.P.3. The prosecutrix was sent for medical examination. Dr. Smt. Suchita James P.W.8 who examined the prosecutrix on 14.7.2001 at 5.00 P.M. found that she was having pain in her private parts and her hymen was destroyed and active bleeding was present through vaginal orifice. She also found abrasion 1/4" x 1/4" over right shoulder and another abrasion 1/4" x 1/4" over right elbow joint of the prosecutrix. Vaginal smear was taken. Slides were sealed and handed over to Constable which in turn were seized vide Ex.P.4. Dr. Smt. Suchita James referred the case to Gynecologist at Maharani Hospital, Jagdalpur. She also examined the saree, petticoat and underwear of the prosecutrix but did not find any stains on the saree. Whitish stains were seen on the petticoat and underwear of the prosecutrix. Chemical analysis was advised for confirmation of presence of semen and human spermatozoa. Dr. Smt. Manorama Tiwari P.W.2, Gynecologist, Maharani Hospital, Jagdalpur examined the prosecutrix on 17.7.2001 but did not find any injury on the vulva and perineum. No bleeding was present at the time of her examination per vagina.