SITA RAM ALIAS SONU Vs. STATE

JUDGEMENT

(1.) These are two appeals from the judgment dated 3rd August, 2006 and order on sentence dated 5th August, 2006 whereby the appellants were convicted under Section 376(2) (g) of Indian Penal Code and were sentenced to undergo rigorous imprisonment for ten years each and to pay fine of Rs.5,000/ - each or to undergo simple imprisonment for six months each in default.

(2.) The case of the prosecution, as disclosed in the FIR is that on 1st September, 2001, at about 10.30 AM the prosecutrix was sitting outside her house when complainant Sita Ram @ Sonu, who was previously known to her, came there and took her towards forest side on the pretext of taking her for a walk. In the forest, the appellant Sita Ram @ Sonu raped her. Thereafter appellant Harish came there and raped her. She returned home weeping and narrated the incident to her sister Rita. On the parents returning home, the matter was brought to their knowledge and the prosecutrix was got medically examined.

(3.) The prosecutrix come in the witness box as PW-5 and stated that about 6-7 months ago, when she was sitting outside her house, the appellants came there, threatened to kill her, and took her to a jungle on foot. In jungle she was raped by both of them, firstly, Sonu and then by Harish. She came back to her house and narrated the incident to her elder sister Rita. In the evening when her parents returned home, she told them about the incident and then she, along with her parents, went to the Police Station where her statement was recorded.