SHATRUGHAN Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Both the appellants, who are aboroginals being Gonds, have been convicted by Sessions Judge, Mandla of the offence under Section 376(2)(g) of the Indian Penal Code with committing gang rape on a girl of their own village and community named Shantibai (PW 1) and have been sentenced to R.I. for 10 years and a fine of Rs. 250/- each, in default to further imprisonment of three months. The learned Sessions Judge has omitted to direct if the imprisonment in default, would be simple or rigorous.

(2.) The prosecution story briefly stated was that on 5-2-1986 Shantibai (PW 1), an unmarried Gond girl, aged 16 years or little more, had gone in the company of two women named Kamlo and Mantibai to collect fuel wood in the forest of adjoining village. In noon time at about 1.30 p.m. the two appellants came in the forest. They made the two accompanying women to leave helping them to place load of fuel wood on their heads. The two appellants then committed rape turn by turn on Shantibai, the one holding down the girl when the other raped. Gorelal (PW 3) happened to spot the appellants ravishing the girl and he raised out-cries. The appellants threatened him with dire consequence if spoke about the incident to anybody.

(3.) The learned Sessions Judge held the prosecution story to be established on the evidence of prosecutrix Shantibai (PW 1). He pressed into service the presumption contained in Section 114-A of the Evidence Act to believe the evidence of the prosecutrix that she was not a consenting party. The evidence of Basorilal (PW 5), a Panch of the Village Panchayat, who deposed that both the appellants had made extra judicial confession in the Panchayat admitting their guilt, was also relied upon.