NARENDRA KUMAR Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Since both the aforesaid appeals arise out of same judgment/incident, they are heard analogously and are being disposed of by this common judgment.

(2.) Both the aforesaid appeals are preferred against the judgment of conviction and order of sentence dated 27-9- 2010 passed by the Sessions Judge (Atrocities) Korba, Session Division Korba in Sessions Trial No. 6 of 2004 wherein the said Court has convicted the appellants for commission of offence under Section 376(2)(g) of the IPC and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of Rs.5,000/- with default stipulations.

(3.) In the present case, prosecutrix is PW/10. As per prosecution case, on 19-6-2002 prosecutrix along with her husband Basant Singh went to the house of Indrakunwar at Mohdapara and on 24-6-2002 she was returning along with Khilawan, Indrakunwar and Basant and when they reached near Hasdeo river bridge, appellants came there by scooter and by saying that they are persons of Naka, snatched Danda from Basant and caught hold the prosecutrix near the bridge and when other companion tried to intervene, they have given threatening to them and committed forcible intercourse with prosecutrix one by one. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced them as aforementioned.