SEETARAM PRAJAPATI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The above appeals since arising out of a common judgment, are heard together and being disposed of by this common judgment.

(2.) Challenge in the above appeals is to the judgment of conviction and order of sentence dated 19.6.2013 passed by the learned Additional Sessions Judge (FTC), Ambikapur, District Surguja (CG) in Sessions Trial No.297/11 whereby the learned Additional Sessions Judge has convicted accused/appellant Anil Kumar Lathiya for the offence under Section 376 (1) of the Indian Penal Code (henceforth 'the IPC') and sentenced him to suffer rigorous life imprisonment with fine of Rs. 1,000/-, in default to undergo additional RI for 1 month, whereas accused/appellant Seetaram Prajapati has been convicted for the offences punishable under Sections 201 & 202 of the IPC and sentenced to undergo RI for 3 years & fine of Rs. 500/- and RI for 6 months, plus default stipulations, respectively.

(3.) In the present case, PW-1 is the victim girl, who at the time of occurrence was aged about 11 years and studying as Boarder in Class 5th in Sanyukt Pahadi Korva Ashram, Rajkheta, District Sarguja. Accused/appellant Arun Kumar Lathiya was working as 'Guruji', whereas accused/appellant Sitaram Prajapati was posted as 'Superintendent' in the Sanyukt Pahadi Korva Ashram, Rajkheta, District Sarguja.