PEELCHAND @ MUNNA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Challenge in this appeal is to the judgment of conviction and order of sentence dtd. 29/10/2013 passed by the Additional Sessions Judge, Kondagaon, C.G. in Sessions Trial No. 261/2012 whereby and whereunder the learned trial Judge after holding the appellants guilty for kidnapping of the prosecutrix (PW-1) and thereafter for committing gang rape, convicted them under Ss. 363, 376(2)(g) of the Indian Penal Code, 1860 (in short 'the IPC') and sentenced the appellants to undergo rigorous imprisonment for 7 years, rigorous imprisonment for 10 years, also to pay fine of Rs.1000.00, Rs.1000.00, in default of payment of fine to further undergo rigorous imprisonment for 3 months, 3 months to each appellants with a direction that both the substantive jail sentences shall run concurrently.

(2.) Appellant Peelchand (A-1) and appellant Gajendra (A-2) are serving the sentence since 3/11/2009 till date, appellant Manglu (A-3) is serving the sentence from 7/11/2009. With this, all the accused/appellants have completed the sentence of 7 years.

(3.) Conviction is impugned on the ground that without there being any iota of evidence, the trial Court convicted and sentenced the appellants as aforementioned and thereby committed illegality.