GORELAL Vs. STATE OF CHHATTISGARH

JUDGEMENT

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

(2.) Both the appeals are preferred against the judgment of conviction and order of sentence dated 12-9-2012 passed by the Special Judge, Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Korea, Baikunthpur (CG) in Sessions Trial No.19 of 2010 wherein the said Court has convicted and sentenced the appellants for commission of offence under Sections 365 and 376/109 of IPC and sentenced them to undergo RI for seven years and to pay fine of Rs.1000/- on each count with default stipulations for abducting prosecutrix (PW/1) with intent to secretly and wrongfully confined her and for commission of offence of rape and abetment of the said offence.

(3.) In the present case, prosecutrix is PW/1. As per version of prosecution, prosecutrix is a student of 10th class and studying in Government Higher Secondary School, Khadgawan. On 4-8- 2010 at about 10.00 a.m., when she was in school where all the three appellants came to school and called prosecutrix on the pretext that her mother was bitten by snake. Relying on their version prosecutrix sat on the mother cycle of appellant Radheshyam and other appellants came on another motor-cycle. Other appellants stopped their motor-cycle on the way and thereafter appellant Radheshyam took her to Tengni road. When prosecutrix objected as to why he was taking her towards Tengni road, the said appellant Radheshyam threatened her to kill and took her to his house situated at village Badibazar where he committed sexual intercourse with her without consent and against her will. When the appellant Radheshyam was in bath room prosecutrix went to bus stop, came to her house and intimated the incident to her parents. The matter was reported and investigated. After completion of trial, the trial Court convicted and sentenced the appellants as aforementioned.