RAJ SURYAWANSHI & ANOTHER Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal by the convicted accused-Appellants is directed against the judgment dated 12.08.2009 delivered by the learned Additional Sessions Judge, Janjgir, District Janjgir-Champa, in Sessions Trial No. 20 of 2009, whereby the Appellants have been convicted for having committed an offence punishable under 376(2)(g) of the Indian Penal Code and sentenced them to undergo rigorous imprisonment for 10 years with fine of Rs. 500/- each. In default of payment of fine, the Appellants were ordered to undergo further rigorous imprisonment for three months.

(2.) Briefly stated facts of the case are that on 01.10.2008 at about 10:30 am, the First Information Report (Exhibit P/7) was lodged at the instance of the prosecutrix (name withheld). In this FIR, the prosecutrix complained that on 01.10.2008 itself, when she was returning from near the pond after answering the call of nature, she was accosted by Raju Suryawanshi and Nand Kumar Suryawanshi near the house of Kamal Suryawanshi. Nand Kumar caught hold of her hands and took her behind the house of Kamal. Raju took off her Salwar and lifted her Kurta, forcibly made her to lie down on the ground and committed forcible sexual intercourse with her. At that time, Nand Kumar had caught hold of her both hands. She tried to scream but Nand Kumar had covered her mouth and prevented her from screaming. After she was raped, both Raju and Nand Kumar went towards the pond. She went weeping towards her house and reported the matter to her mother. Thereafter, the mother consulted some other ladies and finally the prosecutrix along with her mother and maternal grandfather went to police station where the FIR was lodged. The police investigated the matter and as per the police, the prosecutrix was got medically examined by Dr. Rashmi Dahire (PW-7). Thereafter, the accused were charged for having committed an offence of gang rape upon the prosecutrix. The accused denied the charges and prayed for trial. After trial, they have been held guilty and have been convicted and sentenced, as aforesaid. Hence, this appeal.

(3.) I have heard learned counsel for the Appellants.