HEMENDRA RAJ @ RAJU SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) This judgment shall govern Criminal Appeal No. 428/2004 by Hemendra Raj @ Raja Sahu and Criminal Appeal No. 482/2004 by Ganesh Soni.

(2.) Both the aforesaid appeals are directed against the judgment dated 12-04-2004 delivered by Shri T.P. Sharma, Special Judge & Additional Sessions Judge, Durg in Special Case No. 121/2003. Appellant Hemendra Raj @ Raja was convicted under Sections-365, 366, 342 and 376 of IPC and was sentenced to undergo Rigorous imprisonment for 3 years each under Sections-365, 366 of the IPC and to rigorous imprisonment for 6 months under Section-342 of IPC and to rigorous imprisonment for 7 years under Section-376 of IPC. Appellant Ganesh Soni was convicted under Sections-365, 366 and 342 of IPC and was also sentenced to undergo rigorous imprisonment for 3 years each for the offences under Section-365, 366 of the IPC and to rigorous imprisonment for 6 months under Section-342 of IPC, The sentences were ordered to run consecutively.

(3.) The factual matrix in brief is that on 08-08-2003, the prosecutrix, belonging to the Scheduled Tribe, aged about 22 years was going to medical shop to buy medicines at about 8.15 P.M. The Appellants came from behind and forcibly abducted her on a scooter and took her to the house of Appellant Hemendra Raj in Panchsheel Nagar, Old Bhilai, District-Durg. She was confined inside the room. Appellant Hemendra Raj committed rape twice on the prosecutrix. During investigation, it was revealed that one Shrawan was also present at the house of the Appellant Hemendra Raj who alongwith Appellant Gonesh stood outside while the prosecutrix was ravished by Appellant Hemendra Raj. When the prosecutrix attempted to shout, the Appellant Hemendra Raj beat her and pressed her throat. At about 3 A.M., Appellant Hemendra Raj took her on a scooter and left her in Budh Vihar, Charoda on the main road and threatened her that if she reported the matter he would kill her. Being under panic, while returning home at 3.30 A.M. she met Aamos Thapa PW-2, Gorkha Chowkidar on way and narrated the incident to him while requesting him to drop her home, Aamos Thapa PW-2 took the prosecutrix to her home in Charoda where she narrated the incident to her anxiously waiting worried mother Smt. Tulsi Singare PW-8 and brother Shri Prakash Singare PW-9. F.I.R. was lodged by the prosecutrix at 10.30 A.M. on 09-08-2003 at Police Station-Bhilai-3 vide Ex.P-5. Sub Inspector Ashok Joshi PW-6 seized Raj two bed sheets having semen like stains from the bed room of the house of Appellant Hemendra Raj, one blue underwear worn by the Appellant Hemendra Raj at the time of occurrence having semen like stains and one L.M.L. Scooter bearing Registration No. M.P.-24/E.B./9266 on 09-08-2003 at 07.55 P.M. vide Ex.P-10. One Chocolate coloured Salwar having semen like stains was seized from the prosecutrix vide Ex.P-12 on 09-08-2003 at 09.30 P.M.