JAILAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellants have preferred this appeal against the judgment dated 31st October, 1996 passed in S. T. No. 239/1995 whereby learned Additional sessions Judge, Baikunthpur District sarguja has convicted the appellants under section 363, 366 and Section 376 (2) (g) of i. P. C. and sentenced each of them to undergo three years R. I. , to pay a fine of Rs. 500, in default of payment of fine to further undergo R. I. for three months, to undergo r. I. for 5 years, to pay a fine of Rs. 500, in default of payment of fine to further undergo r. I. for 3 months, and to undergo R. I. for 10 years, to pay a fine of Rs. 1,000 and in default of payment of fine to further undergo r. I. for 5 months respectively. All the substantive sentences are to run concurrently.

(2.) CASE of the prosecution, in brief, is that on 13. 2. 1995, the prosecutrix along with her friend Ku. Anjana Sahu was returning from her school to her home, at that time accused jailal stopped her on way, co-accused Ram prasad took out vermillion from his pocket and gave it to Jailal who put it in the hair parting of the prosecutrix which was objected to by the prosecutrix who tried to run away, however, the accused Jailal caught her braid. Vijay, Kamleshwar, Nareshwar etc. tried to intervene and Kamleshwar proceeded in that direction, appellant Ram prasad took out a knife from his pocket and threatened and also slapped 3-4 time to kamleshwar, thereafter Jailal took the prosecutrix on his shoulder and ultimately he took her on his bicycle and proceeded towards spring situated in hillock in golhapani road. The prosecutrix was weeping all through and was requesting to free her, however, the accused Jailal committed rape and accused Ram Prasad stood guard. After committing the offence, he took her to a temple and obtained vow and left her. The prosecutrix returned to her home and narrated the incident to her brother Rajendra who communicated the same to his father, thereafter report was lodged in the Police station, Baikunthpur vide Ex. P6. The prosecutrix was sent for medical examination to Community Health Centre, Baikunthpur where Dr. Rajni Sharma (PW11) examined her and gave report of Ex. P10.

(3.) THE appellants were charged by learned trial Court for offence under Sections 363, 366 and 376 (2) (g) of Indian Penal code, who abjured their guilt. The prosecution in order to establish the charges against the appellants examined 14 witnesses. The appellants in their statements under Section 313 of Criminal Procedure code denied the circumstances appearing against them in prosecution evidence and pleaded innocence and false implication. However, learned trial Court convicted and sentenced the appellants as mentioned above.