DHANIRAM ALIAS DHANIYA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Each of the two Appellants stand convicted under Sec. 376(2)(g) of IPC and sentenced to undergo R.I. for 10 years and to pay fine of Rs.1000.00 in default of payment of which, to undergo additional R.I. for 5 months, as ordered on 29/1/2001 by the Additional Sessions Judge, Surajpur, in Sessions Trial No. 169 of 1994.

(2.) Case of the prosecution in brief is that an FIR (Exhibit P-1) was lodged by the Prosecutrix on 18/12/1993 at Police Station Jainagar, District Surguja, alleging that on the previous night, i.e., 17/12/1993, when she had accompanied her father, PW-2 Telash Ram, for purchase of cattle and were returning home en route since the cattle went inside the forest, her father (PW-2) is said to have gone to catch the cattle, meanwhile the Prosecutrix proceeded towards her house and en route near the bush the Appellants is said to have caught hold her and Appellant No.1 is said to have committed sexual intercourse with her and while Appellant No.1 was committing the said act, the Appellant No.2 is said to have caught hold of her. Meanwhile, the Prosecutrix is said to have raised an alarm when PW-3 Atwaru and PW- 4 Santram accompanied by another person who were travelling by the same route, hearing the alarm went towards the Prosecutrix and saw the Appellants running away from the place of incident and thereafter the father (PW-2) also came from behind and joined the group where the Prosecutrix is said to have disclosed them as to what had transpired. Subsequently, an FIR was lodged and the matter was investigated upon. In due course of time, the matter was put to trial before the Court of Additional Sessions Judge, Surajpur, District Surguja, where the case was registered as Sessions Trial No. 169 of 1994.

(3.) In the course of evidence, in all, there were 10 witnesses examined on behalf of the Prosecution and no witnesses were examined on behalf of the defence. After conclusion of the trial, the Court below vide impugned judgment found the Appellants to be guilty of having committed the offence under Sec. 376(2)(g) of IPC and on convicting them, each of them was sentenced to undergo R.I. for 10 years and to pay fine of Rs.1000.00 with default stipulation.