KIRTIWAS Vs. STATE OF CHHATTISGAH

JUDGEMENT

(1.) In Sessions case No. 458/2000 Shri C. B. Bajipai, learned 3rd Additional Sessions Judge, Bastar place Jagdalpur vide judgment dated 13-10-2001 convicted the appellants Vijay and Bhuvneshwar under Sections 363, 366, 376 (2)(g) and 342, I.P.C. and sentenced them to undergo R.I. for five years and a fine of Rs. 500/- and in default to undergo simple imprisonment for four months under Section 366,I.P.C., to undergo R.I. for ten years and a fine of Rs. 1000/- and in default to undergo simple imprisonment for eight months under Section 376(2)(g), I.P.C. and to undergo R.I. for six months under Section 342, I.P.C. and further convicted appellant- Kirti was under Sections 363 and 366, I.P.C. and sentenced him to undergo R.I. for five years and a fine of Rs. 500/- and in default to undergo simple imprisonment for four months under Section 366, I.P.C.

(2.) Being aggrieved by the above mentioned judgment, the appellants Vijay and Bhuvneshwar have preferred Criminal Appeal No. 1021/2001 and appellant Kirti was has preferred Criminal Appeal No. 1004/2001 which are being disposed of by this common judgment.

(3.) Briefly stated the prosecution story is that on 12-7-2000 at about 10.45 A.M. the prosecutrix, a girl aged about 14 years and a student of Class 7th, was coming to the school with her cousin-sister Jaishree P.W. 6. When they reached near the Aanganbadi it started raining. Both girls decided to return home. While returning, on the road near the burial ground, they saw the appellants Vijay and Bhuvneshwar standing on the road. No sooner the girls by passed the above named appellants, appellant- Bhuvneshwar came from behind and held the prosecutrix and gagged her mouth. Appellant Vijay held Jaishree P.W. 6. Appellant Kirti was also came there. He held the prosecutrix by her legs, the appellant- Bhuvneshwar held her by her hands while the appellant Vijay lifted Jaishree P.W. 6 and the appellants thus took both girls to the house of Bhuvneshwar. After leaving the prosecutrix at the house of appellant-Bhuvneshwar, appellant-Kirtiwas went away. Jaishree P.W. 6 was left outside the house after being threatened by appellants- Vijay and Bhuvenshwar that if she shouted they would kill her. Jaishree P.W. 6 remained outside the house. Appellants-Bhuvneshwar and Vijay went inside the house and after undressing the prosecutrix, undressed themselves and committed rape on the prosecutrix one after another. Appellant- Bhuvneshwar was the first to commit rape on the prosecutrix while she was lying on the cot. Thereafter, appellant-Vijay committed rape on the prosecutrix. At this juncture Jaishree P.W. 6, who was outside the house, shouted "brother is coming". Hearing her shouts, the appellants dressed themselves and ran away. Pradeep P.W. 7, brother of the prosecutrix came to the house of Bhuvneshwar. The prosecutrix told him that the appellants-Vijay and Bhuvneshwar had committed rape on her. Pradeep P.W. 7 asked the two girls to go home and went in search of the appellants.