GANSU, SON OF FATTURAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) These two appeals are being disposed of by one judgment since they both arise out of one judgment dated 24.2.2010 delivered by the Learned Sessions Judge, Kanker, District North Bastar Kanker in Sessions Trial No.34 of 2009, whereby he convicted both the accused/Appellants for having committed an offence punishable under Sec. 376(2)(g) of the Indian Penal Code and sentenced each of them to undergo rigorous imprisonment for 10 years and to pay fine of Rs.1,000.00, in default of payment of fine, to further undergo rigorous imprisonment for one month.

(2.) The prosecution story, briefly stated, is that the victim (name withheld) was living in a hostel at Malapara. It is alleged that both the accused/Appellants came to the hostel and told her that her mother was seriously ill and virtually on the death bed and, therefore, she should accompany them to the village. The victim stated that she had to take permission of her Hostel Warden. Thereafter, permission from the Hostel Warden was sought in writing and the victim after obtaining the permission of the Hostel Warden accompanied both the accused on a motorcycle. Instead of taking her to her home, they took her to the Nursery at Janakpur Road where they raped her one by one. Thereafter, when they were taking her to the house of one of the accused, she managed to run away and entered the house of her friend Jyoti. Thereafter, brother of Jyoti along with some other boys of the locality dropped her home. She informed her parents about what had happened. Next evening, the report was lodged. After the report was lodged, the victim was subjected to medical examination. Investigation was conducted and the accused were charged for having committed the aforesaid offence. They pleaded not guilty and after trial they have been convicted and sentenced as mentioned herein above. Hence, these two appeals.

(3.) One of the grounds raised in both the appeals is that the victim was above 16 years of age and she had gone with the accused of her own free will and, therefore, no case of rape is made out. It is alleged that the entire story of rape is false. Another ground raised by accused Gansu in Criminal Appeal No.220 of 2010 is that his presence at the hostel is not proved because the Hostel Warden had stated that only Devcharan had come to meet her.