NARAYAN VISHVNATH RAJPUT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This judgment shall govern the disposal of both the criminal appeals as they arise out of a common judgment dated 8th August, 2001 passed by the Special Judge (SC & ST (Prevention of Atrocities) Act), Raipur in Special Sessions Case No. 82/2000, whereby, the appellants were convicted under Section 376(2)(g) IPC, and sentenced to undergo R.I. for 10 years and to pay a fine of Rs. 5,000/-, in default of payment of fine to further undergo R.I. for 6 months.

(2.) The appellants were charged under Section 376(2)(g). IPC read with Section 3(2)(v) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as the Special Act.

(3.) The brief facts are that at the relevant time, the prosecutrix, Smt. Sunita Bai (P.W. 8) was working as a labour in a Plywood Factory. She had joined the said work just 2 days prior to the date of incident. Some construction work was going on in the factory, in which the appellant Narayan was working as a Mason. The allegations are that on 22-8-2000 at about 1.00 p.m. Narayan called the prosecutrix for sweeping in a particular room. Firstly, she denied saying that he may call other labour but when she was insisted, she went inside the room for the said work. As soon as she entered into the room, both the appellants came there, Narayan gagged her mouth and threw her on the ground, whereafter Vijay removed her clothes and committed forcible intercourse against her. She could not make hue and cry because her mouth was closed by Narayan. When they left the premises, she narrated the story to one Mr. Tiwari and thereafter went to her house and disclosed the story to Smt. Kiran Saxena (P.W. 7) and when her husband Sunil Kumar (P.W. 9) came to the house in the evening, she also narrated the story to him and the FIR (Ex. P/17) was lodged in the police station at about 10.00 p.m. on the same day.