DEVSHARAN Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) CR. A. NO. 967/2003 filed by Devsharan and Cr. A. No. 975/2003 filed by Taran Singh Marabi have been preferred against the same judgment dated 7-8-2003 passed in Sessions Trial No. 156/2003, therefore, they are being disposed of by this common-Judgment.

(2.) THESE appeals are directed agaipst the judgment of conviction and order of sentence dated 7-8-2003 passed by the 1st Additional sessions Judge, Ambikapur in Sessions trial No. 156/2003, whereby and whereunder learned Additional Sessions Judge after holding the accused/appellants along with two other co-accused persons guilty for kidnapping, abducting and committing gang rape on the prosecutrix, convicted each of them under Sections 363 read with Section 34, 366 read with Sections 34 and 376 (2) (g)of the I. P. C. , and sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months under Sections 363 read with Section 34 and 366 read with Section 34 of the I. P. C. , and to undergo rigorous imprisonment for ten years and pay a fine of Rs. 2,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year under Section 376 (2) (g) of the I. P. C.

(3.) THE impugned judgment is challenged on the ground that without any credible evidence against the appellants for kidnapping, abducting and committing gang rape on the prosecutrix. The trial Court has convicted and sentenced the appellants and other co-accused persons as aforementioned.