SURESH, S/O CHAMAR SINGH NISHAD Vs. STATE OF CHHATTISGARH THROUGH POLICE STATION SARAIPALI, DISTRICT MAHASAMUND (CHHATTISGARH)

JUDGEMENT

(1.) The appeal is directed against judgment dated 15.01.2009 passed by Sessions Judge, Mahasamund (CG) in Session Trial No.62/2008 wherein the said Court convicted both the appellants for commission of offence under Sections 376(2)(g) of the Indian Penal Code, 1860 and sentenced them to undergo rigorous imprisonment for ten years and to pay fine of 5,000/- each with default stipulation.

(2.) In the present case, prosecutrix is PW-1. As per the version of the prosecution, the prosecutrix found missing since 30.4.2018 at 10.00 am and report in this regard was lodged on 03.5.2008. It is alleged that the appellants kidnapped the prosecutrix with promise to marry her and she was forced and seduced to illicit intercourse and both the appellants have committed rape on her. The matter was reported and the appellants were charge sheeted and convicted as mentioned above.

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