DINESH TOPPO Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This appeal is preferred under Section 374 (2) of the Code of Criminal Procedure, 1973 against judgment dated 05.03.2011 passed by Additional Sessions Judge (FTC), Ramanujganj, District- Surguja (C.G.) in Session Trial No. 171/2009, wherein the said court convicted both the appellants for commission of offence under Section 506 (Part-II), 342/34, 363/34 & 376(2) (g) of IPC, 1860 and Sections 25(1-AAA), 27(1) & 25 (1-BB) of the Arms Act, 1959 in the following manner:-

(2.) In the present case, prosecutrix is PW-1. As per version of the prosecution, on 23.12.2008 at about 10:00 p.m. when the prosecutrix was present at her home with her family members, the appellants came there and took her to forest side and committed gang rape with her. They threatened her to kill. They were in possession of fire-gun and sword and used the same during the offence. The matter was reported and investigated and after completion of trial, the trial court convicted as mentioned above.

(3.) Learned counsel for the appellants submits as under:-