RATAN SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is directed against the judgment of conviction and order of sentence dated 01.7.2002 passed by Special Judge [under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989]/Additional Sessions Judge, Session Division Bastar at Jagdalpur in Sessions Trial No.400/2001 wherein the said Court convicted appellant Ratan Singh for commission of offence under Sections 366, 376(1), 506 Pt-II and 342 of the Indian Penal Code and sentenced him to undergo rigorous imprisonment for four years and to pay fine of Rs.500/-, RI for seven years and to pay fine of Rs.700/-, RI for two years and to pay fine of Rs.300/- and RI for six months respectively with default stipulations and convicted appellant Gober @ Goverdhan under Sections 366 and 506 Pt-II of the Indian Penal Code and sentenced him to undergo RI for four years and to pay fine of Rs.500/-, RI for two years and to pay fine of Rs. 300/- respectively with default stipulations.

(2.) As per the prosecution case, on 17.02.2001 the prosecutrix was at her home with her father in the Village Garenga and at about 8.00 pm she went to kitchen garden to ease herself. At that time, appellant Gober @ Goverdhan was present there having one knife in his hand and threatened the prosecutrix that if she shout, he will kill her and dragged her to outside the house where appellant Ratan Singh was standing. Appellant Ratan Singh was also having a knife with him and caught hold the prosecutrix and threatened to kill her and thereafter he took her to the house of one Bomni Karit @ Kanakdei and committed rape with her. When the prosecutrix was not found in the house, her paternal uncle Sukhchand reported the matter at Police Outpost Karpawand and during the search she was found in the house of Kanakdei. On the basis of the report made by the prosecutrix, dehati nalishi (Ex- P/5) was registered. Her petticoat and undergarment were seized as per Ex-P/1. One knife was seized from appellant Ratan Singh and his undergarment was also seized. The prosecutrix and appellant Ratan Singh were sent for medical examination and seized articles and slides of vaginal swab of the prosecutrix prepared by Dr. (Smt.) A. Kacchap were sent for chemical examination where the report was found to be positive. After completion of investigation charge sheet was filed, the appellants did not plead guilty and the trial was conducted. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.

(3.) Learned counsel for the appellants submits as under: