SANTOSH SAHU Vs. STATE OF C.G

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 2/7/2003 passed in S.T. No. 41/2003 by the First Additional Sessions Judge, Durg (C.G.), whereby, the Appellants have been convicted under Section 376(2)(g) of IPC and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 500/-, in default of payment of fine to further undergo R.I. for 1 month.

(2.) SEVEN accused persons namely Santosh Sahu, Devendra Sahu, Manoj Kumar (Appellants herein), Naresh, Soni, Jaggu and Rajesh (juvenile offenders) allegedly committed gang rape against 2 minor girls namely Ku. Shyama Nirmalkar (P.W. 1) and Ku. Sita (P.W. 2) at about 11:00p.m. on 25/12/2002. All the juvenile offenders namely Naresh, Soni, Jaggu and Rajesh have been acquitted by the Juvenile Justice Board, Pulgaon vide judgment dated 12/11/2003 passed in Criminal Case No. 25/2003. However, these Appellants have been convicted by the regular Court in the above Sessions Trial.

(3.) DIALING the course of investigation, the victims were sent for medical examination. Victim - Shyama (P.W. 1) was examined by Dr. Kalpana Sharma (P.W. 9). She prepared her report Ex. P/22. According to her, there were no external injuries on the body of the victim except that she was complaining some pain on her left breast. There were no external injuries on her private parts, hymen was ruptured and no definite opinion could be given regarding recent sexual intercourse. Victim - Sita (P.W. 2) was examined by Dr. (Smt.) P. Dani (P.W. 8). She prepared her report Ex. P/20. According to her, there were no external injuries on the body of the victim, vagina was admitting one ringer and uterus was normal. However, there was a linier abrasion on the post-side of vagina and no definite opinion could be given about sexual intercourse. The accused persons were also sent for medical examination. Jaggu @ Jageshwar, Mahoj Sahu, Santosh Sahu and Devendra Sahu were examined by Dr. Anil Agrawal (P.W. 11), who prepared the reports vide Ex. P/24-A, Ex. P/26-A, Ex. P/28-A and Ex. P/29-A respectively. The medical reports of all the accused persons were normal and they were shown to be capable to perform sexual intercourse. There were no external injuries on the bodies of these accused persons except that of Devendra, as there was an abrasion over the left side of his forehead at about 1 1/2 inch away from the eye-brow admeasuring 1 1/2 cm x 1/2 cm, irregular in shape, reddish in colour, skin slough out, in which clotted blood was seen over the injury region. According to the report, his injury may have been caused by a hard object and it was simple in nature.