GOBARA MAJHI Vs. STATE OF ORISSA

JUDGEMENT

(1.) This captioned Jail Criminal Appeal is filed by the appellants from Jail against the judgment of conviction and sentence passed under Sections 376-D and 341 of the Indian Penal Code (hereinafter called as "I.P.C.") by the learned Additional Sessions Judge, Kalahandi, Bhawanipatna in C.T. Case No.68 of 2013 (Sessions)(T) sentencing each of the appellants to undergo R.I. for twenty years and to pay fine of Rs.3000/- only in default R.I. for six months for offence under Section 376-D IPC. Further, both the appellants were sentenced to undergo S.I. for one month for the offence under Section 341 of IPC. Both the sentences were directed to run concurrently.

(2.) The conspectus of the case of the prosecution is that on 14.4.2013, the victim at about 3.00 pm had gone to Stone Crusher to break stone for preparation of metal chips. She had gone with her children.

(3.) The plea of the appellants as revealed from their examination recorded under section 313 of Cr.P.C. and suggestions made to the prosecution witnesses during cross-examination that they have been falsely implicated in this case and there is no iota of evidence against them.