SHIVARAM Vs. STATE OF CHHATISHGARH

JUDGEMENT

(1.) The appellants have preferred this appeal against the judgment of conviction and order of sentence dated 14- 9-2004 passed by the Special Judge, Ambikapur, District Sarguja in Special Case No. 80/2002, whereby the accused/appellants have been convicted under Section 376 (2)(g) of the IPC and sentenced to undergo R. I. for ten years and to pay fine of Rs. 500/- each, in default of payment of fine to undergo further S. I. for three months.

(2.) The prosecution case as set out in the First Information Report (FIR) is that the prosecutrix namely Kalawati was residing along with her mother in village Kotagahana in the house of one Jugeshwar Choubey. On 3-9-2002 she went to the house of Bramhdeo alias Lilu Yadav (PW/8) to obtain iron press for ironing her clothes. At the same time, at about 2.00 p. m., the appellants along with another person came in a Marshal Jeep and seeing her, stopped the jeep in front of the house of Bramhdeo alias Lilu Yadav (PW/ 8). The accused/appellants forcibly dragged the prosecutrix in the jeep and she cried for help. Hearing her outcry when Bramhdeo alias Lilu Yadav (PW/8) came out of his house, the accused/appellants started the jeep and took the prosecutrix to Behrakhand forest where appellant No. 1 Shivaram forcibly got her down from the jeep and committed rape on her. The prosecutrix made outcry and started weeping, hearing which Budhan Korwa, Lilu alias Bhramhdeo and her mother namely Urmila came there. After the incident the appellants fled away from the spot in the said jeep. On the same day i.e., on 3- 9-2002 at 4.30 p. m. the prosecutrix lodged the FIR (Ex. P/4) in Police Station, Rajpur, where the offence was registered against the appellants and the matter was investigated.

(3.) During investigation, the prosecutrix and the appellant No. 1 Shivaram were sent for medical examination vide Ex. P/8 and Ex. P/3 respectively to Government Hospitals, Rajpur and Ambikapur where Doctors examined both of them arid gave their reports vide Ex. P/4 & P/2. Investigating Officer seized the clothes of prosecutrix vide Ex. P/ 3, broken bangles, one empty sachet of Pan Parag etc., from the spot vide Ex. P/10, the offending vehicle from Noharsai vide Ex. P/ 1 and prepared the spot map vide Ex. P/11. The clothes of the prosecutrix were sent to the Doctor for medical examination vide Ex. P/12.