MOHAMMAD ASLAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THE appellants being aggrieved by the judgment dated 2. 12. 2003 passed in Sessions Trial No. 285 of 2003 by the learned Additional Sessions judge, Baikunthpur, Distt. Koriya, convicting the appellants for the offence punishable under Section 376 (2) (g) of the IPC and sentencing them to undergo R. I. for ten years and to pay fine of Rs. 1000 to each, in default of payment of fine, to undergo two months further RI. , have filed this appeal.

(2.) THE case of the prosecution as unfurled before the trial Court, in brief, is that on 26. 6. 2003 the prosecutrix Gulabi Bai @ madhu Gosain went to the shop of Pappu tailor for stitching the blouse. At that time the accused persons, who were present in the shop, started teasing her on which she abused them. While she was going to the house of her friend, on the way, all the accused persons met her and dragged her towards the stream in the forest. Thereafter, all the accused persons committed forceful sexual intercourse with her. Accused Niyaz assaulted her with a stick as a result of which the prosecutrix sustained injury on her left thumb. Thereafter, the prosecutrix went to police station and lodged the report against the accused/appellants, on the basis of which Pradyumn Tiwari (PW13) Station House Officer registered the FIR (Ex. P1) and the matter was investigated and he arrested the accused persons. The prosecutrix was sent to hospital for medical examination. The police seized the petticoat and underwear of the prosecutrix and sent the same to FSL, Raipur, for chemical examination.

(3.) AFTER completing the investigation, charge sheet was filed against the accused/appellant in the competent court, which in turn committed the case to the Sessions court. The Additional Sessions Judge framed the charge against the accused/appellants under Section 376 (2) (g) of the IPC. The accused/appellants abjured the guilt. After due trial, the learned Additional Sessions Judge convicted and sentenced the accused/appellants as mentioned in para 1 of the judgment.