SONAM @ JYOTI TIWARI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) All the above mentioned appeals arise out of a common judgment, therefore, they are disposed of together.

(2.) The appeals have been preferred against the judgment dated 12.6.2018 passed by the Special Judge under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act (henceforth 'the PoA Act'), Bilaspur in Special Criminal Case SCST (PA) Act 1989 No.22 of 2016, whereby the Appellants have been convicted and sentenced as under:

(3.) Case of the prosecution, in brief, is that on the relevant date, age of the prosecutrix (PW3) was about 16 years. In the year 2015, she was studying in XIth standard in Devkinandan Dixit School, Bilaspur and was residing in Post Matric Anusuchit Jati Kanya Chhatrawas, Bilaspur along with Padmini Banjare (PW4). Both got acquainted with each other. In August, 2015, Padmini Banjare introduced Appellant Vikki alias Ghanshyam Das Manikpuri with the prosecutrix in Magneto Mall, Bilaspur. Appellant Vikki gave his mobile number to the prosecutrix and thereafter they were talking to each other on phone. On the day of tija festival in the year 2015, by a phone call, Appellant Vikki called the prosecutrix out of her hostel and telling her that he will take her for roaming took her to the house of his friend Vishal Kumar Patre (PW13) situated at Village Masturi. There Appellant Vikki committed sexual intercourse with the prosecutrix after shutting the door and thereafter he asked her not to disclose about this to anyone. Thereafter, he left her at her hostel. In December, 2015, Appellant Sonam @ Jyoti Tiwari and Padmini Banjare came to the prosecutrix in the hostel. At that time, Appellant Sonam and the prosecutrix got acquainted with each other. Thereafter, they used to talk to each other on phone. Appellant Sonam told the prosecutrix that Appellant Vikki is her husband. Thereafter, Appellant Vikki tendered his apology to the prosecutrix on phone and called her to the Magneto Mall. She went to the Mall. There Appellant Vikki introduced her with Appellant Sidhnath alias Tantan. There both these Appellants telling the prosecutrix that time was of night took her to Village Masturi Kirari. Appellant Vikki returned from there and Appellant Sidhnath made physical relationship with the prosecutrix in his shop at that village. In the next morning, Appellant Sidhnath gifted a suit to the prosecutrix and left her at her hostel. On 31.12.2015, Appellant Sonam called the prosecutrix at her house.