BANSILAL PATEL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment and order dated 31.03.2010 passed by Special Judge (Atrocities) Raipur, in Special Case No. 68/2008 convicting the accused/appellants under Sections 450/34 and 376 (2) (g) IPC and sentencing each of them to undergo rigorous imprisonment for three years with fine of Rs. 500/ u/s 450/34 and rigorous imprisonment for ten years with fine of Rs. 1000/- u/s 376 (2) (g), plus default stipulations.

(2.) Case of the prosecution in brief is that on 10.4.2008 FIR (Ex. P-1) was lodged by the prosecutrix aged about 14 years alleging that on 5.4.2008 her parents were not at home and that when she and her sister Nirmala were busy in the household work, at about 1 PM the accused/appellants came there and asked for water and after drinking water they got back. Thereafter, when her sister went to the village pond for cleaning the clothes, accused/appellants again came to her house; closed the front and back door; accused Bansi dragged her to the cot; made her lie thereon; removed her clothes and committed forcible sexual intercourse with her. It is alleged that in spite of her cries, accused Jitendra kept standing nearby and after Bansi, he also took his turn. Meanwhile, when her sister knocked the door, accused/appellants went away from the back door but while they were getting out, she (sister) had seen them and then the prosecutrix narrated the incident to her. After arrival of parents on 10.4.2008, she informed them also about the incident and after that the report came to be lodged based on which offences under Sections 450, 376/34 IPC and 3 (1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Special Act") were registered against the accused/appellants and she was medically examined by Dr. Mamta Thakur (PW-9) who gave her report Ex. P- 20. Ossification test was also conducted vide report Ex. P-19 according to which the age of the prosecutrix could be between 16 and 18 years at the relevant time. After completion of investigation, charge sheet was filed by the police for the offence punishable under Sections 376 (2) (g), 450 IPC and 3 (1) (xii) & 3 (2) (v) of the Special Act. The Court below however framed the charges u/s 450/34, 376 (2) (g) IPC and 3 (1) (xii) of the Special Act.

(3.) So as to hold the accused/appellants guilty, prosecution has examined 13 witnesses in support of its case. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the charge levelled against them and pleaded their innocence and false implication in the case.