PITAMBAR & ANOTHER Vs. STATE OF C.G.

JUDGEMENT

(1.) This appeal by the two convicted accused is directed against the judgment dated 18.02.2010 passed by the Additional Sessions Judge (FTC) Balod, District Durg in Sessions Trial No. 44/2008, whereby he convicted and sentenced the accused as follows : <FRM>JUDGEMENT_69_LAWS(CHH)1_2017_1.html</FRM>

(2.) The prosecution story, briefly stated, is that on 19.07.2008, the prosecutrix (name withheld), who at the relevant time, was student of Class X of B.S.P. Higher Secondary School, Dallirajhara, alongwith her friend Chhagan Patel (PW-2) had gone on a motorcycle to Putarwahi forest. While they were sitting there, five persons came and accosted them. The prosecution story is that out of the five persons, at least four persons raped the prosecutrix, not once but twice. The report with regard to the incident was lodged five days later on 24.07.2008. Thereafter, investigation was carried out and the accused were arrested. During the course of investigation, it was found that three of the accused involved in the offence were juvenile and therefore, proceedings against them were taken separately and two accused i.e. the appellants were charged for gang rape. The police, after carrying out other investigation, filed a report under Section 173 CrPC against the accused and charged them of having committed offence of gang rape. They denied the charges and prayed for trial. After trial, the Appellants were held guilty and have been convicted and sentenced as aforesaid. Hence, this appeal.

(3.) I have heard learned counsel appearing for the parties.