SHYAMLAL MANDAVI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) As both the appeals arise out of common judgment, they are being heard and disposed of by a common judgment.

(2.) These appeals are directed against the judgment dated 05.5.2011 passed by Sessions Judge, Kanker, Distt. North Bastar Kanker (CG) in Session Trial No.19/2011 wherein the said Court convicted both the appellants for commission of offence under Section 376(2)(g) of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of 1000/- with default stipulations to each of the appellants.

(3.) In the present case, prosecutrix is PW-1. As per the version of the prosecution on 26.9.2010 at about 10.00 pm both the appellants in furtherance of common intention took the prosecutrix to the river side where appellant Bhuwan Lal put some cloth in the mouth of the prosecutrix and thereafter appellant Shyamlal committed forcible sexual intercourse with her without her consent and against her will. The matter was reported and investigated and the appellants were convicted as mentioned above.