RUPESH KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As the aforesaid four Criminal Appeals arise out of the same judgment dated 19.09.2013 passed by Special Judge (Atrocities) Raipur in Special Sessions Trial No. 45/2012 convicting and sentencing the accused/appellants as detailed below, they are disposed by a common judgment.

(2.) Facts of the case in brief are that on 01.07.2012 at about 8.15 PM FIR (Ex.P-11) was lodged by the prosecutrix (PW-5) then aged about 15 years alleging that accused Sonkunwar was kept by her father as wife. 4-5 days prior to the date of incident the prosecutrix was dropped by her father at Kasdol in the house of accused Sonkunwar. On the date of incident at about 5 PM accused Rupesh Kumar, Ashok Kumar, Krishna Kadra and Rajeshwar alias Lalu came there, consumed liquor with accused Sonkunwar and then committed forcible sexual intercourse with her. Based on this FIR, offences under Sections 376 (2) (g) IPC and 3 (1) (xii) of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act (for short the "Special Act") were registered against Rupesh Kumar, Ashok Kumar, Krishna Kadra and Rajeshwar alias Lalu. Prosecutrix was medically examined on 007.2012 by Dr. Pramila Toppo (PW-11) who gave her report Ex. P-27. Accused Rupesh Kumar, Ashok Kumar, Krishna Kadra and Rajeshwar alias Lalu were also medically examined by Dr. Rakesh Kumar (PW-10) vide reports Ex. P-19 to Ex. P-22 stating that they all were capable of performing sexual intercourse. Court below framed the charge against accused Rupesh Kumar, Ashok Kumar, Krishna Kadra and Rajeshwar alias Lalu under sections 376 (2) (g) IPC and 3 (2) (v) and 3 (1) (xii) of the Special Act. Against accused Sonkunwar the charge framed was u/s 109/114 IPC only.

(3.) In order to prove its case the prosecution has examined 14 witnesses. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied their guilt and pleaded innocence and false implication in the case.