VIRENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374(2) of the Code of Criminal Procedure, 1973 against judgment dated 22.08.2012 passed by First Additional Sessions Judge, Rajnandgaon (C.G.) in Session Trial No. 67/2011, wherein the said court convicted all the three appellants for commission of offence under Sections 376(2)(g) & 506(Part-II) of IPC, 1860 and sentenced to R.I. for 10 years and fine of Rs. 1000/- and R.I. for 5 years and fine of Rs. 500/- respectively each with further default stipulations.

(2.) As per the prosecution case, prosecutrix is (PW-2). It is alleged that on 04.05.2011 prosecutrix along with her friends had gone to other village- Deharitola to attend marriage function and when she was returning from the function at about 12.00 p.m. in night, all the accused persons dragged her towards forest where appellant- Virendra Kumar committed rape on her and rest of two appellants were in group and acted in furtherance of their common intention to commit rape. After rape by Virendra Kumar, appellant- Yogesh Kumar committed rape on her. Matter was reported on next day and investigated thereof. Appellants were charge-sheeted and after completion of trial, the trial court convicted as mentioned above.

(3.) To substantiate the charge, the prosecution examined as many as 7 witnesses. Prosecutrix (PW-2) deposed that she had gone to village- Deharitola in a marriage function and while she was returning from the said marriage function at about 12.00 to 12.30 in midnight, all the three appellants dragged her towards forest and threatened her in the forest. Appellant- Virendra Kumar committed rape on her and appellant- Yogesh Kumar and Kamlesh Kumar were sitting near tree at nearby place. While she was returning after the rape by Virendra Kumar, appellant- Yogesh Kumar committed rape on her.