MANOJ KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS appeal is directed against the judgment of conviction and order of sentence dated 13. 2. 2006 passed by the Special Judge under the Scheduled castes and Scheduled Tribes (Prevention of atrocities) Act, 1989, Bilaspur, in Special criminal Case No. 7/2005, whereby learned special Judge after holding the accused/appellants guilty for commission of offence under Sections 366, 376 (2) (g) and 342 of the i. P. C. , sentenced each of them to undergo r. I. for seven years and pay a fine of Rs. 500, in default of payment of fine to further undergo R. I for six months, to undergo R. I. for ten years and pay a fine of Rs. 500, in default of payment of fine to further undergo r. I. for six months and to undergo R. I. for six months, respectively.

(2.) CONVICTION of the appellants is challenged on the ground that without any credible and reliable evidence the Court below has convicted and sentenced the appellants in the aforesaid manner.

(3.) CASE of the prosecution, in brief, is that on 25. 9. 2004 at about 11 p. m. the prosecutrix (PW1), aged about 20 years, had gone to watch video, when she went to answer the call of nature towards a lane, accused/ appellants Manoj and Umashankar came to her, they caught hold of her and took her to the house of accused Umashankar. They closed her mouth with a cloth and both the accused persons committed forceful sexual intercourse with her one by one and also gave threatening to kill her. They also com-mitted rape on her on 26. 9. 2004. On 26. 9. 2004 at about 11 p. m. , she came from the house of Umashankar and narrated the incident to her parents. On 27. 9. 2004 she lodged a written complaint Ex. P1 and on the basis of the said written complaint, F. I. R was lodged vide Ex. P2. Underwear was seized from the prosecutrix vide Ex. P3. Caste Certificate of the prosecutrix Ex. P5 was seized vide Ex. P4. Spot map was prepared by the Patwari vide Ex. P6. Radiological test was conducted and age of the prosecutrix was ascertained to be between 17 to 19 years vide Ex. P7. She was sent for medical examination to Community Health centre, Sakti vide Ex. P12a. Dr. (Smt.) C, chandra Kiran Singh (PW10) examined her on 27. 9. 2004 at about 5. 30 p. m. vide Ex. P12 and found one lacerated wound and one contusion over labia minora with redness and also abrasion over labia minora, vagina was loose and hymen was irregular in shape. Two slides of vaginal smear of the prosecutrix were taken. The doctor opined that the prosecutrix was sexually tried. Two vaginal slides of the prosecutrix were seized vide ex. P8. Underwears were seized from accused Umashankar vide Ex. P10 and from accused Manoj vide Ex. P11. Accused Manoj was sent for medical examination and he was found capable of committing sexual intercourse vide Ex. P14. Accused umashankar was also sent for medical examination and he was also found capable of committing sexual intercourse vide Ex. P16. Slides of Manoj and Umashankar were seized vide Exs. P18 and P19. Spot map was prepared by the Police Officer vide Ex. P23. Seized articles were sent for chemical examination vide Ex. P29 and presence of sperm was confirmed on underwear and vaginal slides of the prosecutrix vide Ex. P30.