WILSON DAVID ALIAS BILLO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) SINCE all the aforesaid criminal appeals arise out of the same judgment passed in Sessions Trial No. 172/2003 convicting the accused/appellants for the offences punishable under Sections 450 and 376 (2) (g) of the Indian Penal Code and sentencing each of them to undergo rigorous imprisonment for three years with fine of rs. 500 in default of payment of fine to further undergo rigorous imprisonment for one month u/s 450 IPC and to undergo rigorous imprisonment for ten years with fine of Rs. 500, in default of payment of fine to further undergo rigorous imprisonment for one month, they are disposed of by this common judgment.

(2.) CASE of the prosecution in brief is that on 20-7-2002 when the prosecutrix namely sonsir Bai (PW-9) was sleeping in her house, the present appellants along with other accused chhotu Jabalpuriha entered her house armed with sickle, knife and pistol. They tied a piece of cloth in her mouth, switched off the light and three of them committed forcible sexual intercourse with her one by one and before the forth person could do that, her husband reached there. When he shouted at the accused persons, they caught hold of him. The prosecutrix on hearing the voice of her husband threw away the cloth tied in her mouth and came out. Thereafter First Information Report (for short the "fir") Ex. P-13 was filed by the prosecutrix on the same day. She was sent for medical examination vide Ex. P-14 and examined by Dr. Smt. Madhu Shrivastava (PW-1) who vide report Ex. P-l opined that the prosecutrix was accustomed to sexual intercourse and was carrying the pregnancy of 32-34 weeks. Accused/appellants confessed their guilt before the independent panch witnesses vide Ex. P-3, P-4 and P-5. Cloths were seized from accused Wilson devid and Jitendra vide Ex. P-6 and P-7. There was subjected to identification vide ex. P-ll. Vaginal slides of prosecutrix were seized vide Ex. P-12. Cloths of the prosecutrix were seized vide Ex. P-15. Spot map Ex. P-16 was prepared. On medical examination of the accused/appellants they were found to be capable of having sexual intercourse. Cloths and vaginal slides so seized were sent for chemical examination and the presence of sperm on those articles was confirmed vide Ex. P-24. Pistol was seized from accused/unnikrishnan vide Ex. P-30. Knife was seized from accused Wilson vide Ex. P-29.

(3.) STATEMENTS of the witnesses were recorded and after completion of the investigation charge sheet was filed in the Court of 7 Judicial Magistrate First Class, Durg, who in turn committed the case to the Court of Sessions from where Additional Sessions judge, Durg, received the same on transfer for trial. Statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure in which they denied the material appearing against them in the prosecution case and pleaded their innocence and false implication in the case.