Decided on September 02,2008



DILIP RAOSAHEB DESHMUKH,J. - (1.)THIS judgment shall govern Cr.A. No. 389/2004 (appellant Chandra Kumar), Cr.A. No. 388/2004 (appellant Arvind Shukla), Cr.A. No. 393/20Q4 (appellant Rajendra Namdeo) and Cr.A. No. 396/2004 (appellant Hiraram Sanwra @ Chhotu).
(2.)BY judgment dated 12.04.2004 in Sessions Trial No. 347/2001 the above mentioned appellants have been convicted under Section 376 (2) (g) of the I.P.C. and sentenced to undergo rigorous imprisonment for 10 years and a fine of Rs. 25.000/- each and in default to undergo rigorous imprisonment for one year each, for committing gang rape on the prosecutrix in the night of 30.08.2001. The learned 2nd Additional Sessions Judge, Surguja has acquitted all the appellants from the charge under Sections 450,363 and 506-B read with Section 34 of the I.P.C.
Briefly stated the prosecution case is that on 30.08.2001 at about 11.00 p.m. all the four appellants named above, who were posted as Constables at Chalgali Police Station, committed house trespass with intent to kidnap the prosecutrix, aged about 20 years, for committing gang rape on her. After gagging her mouth and blindfolding her, the appellants took the prosecutrix to Constable Chandra Kumar's quarter situated in the police lines. In the quarter, upon removal of the cloth from her eyes and mouth, the prosecutrix identified the appellants and attempted to shout but the appellants threatened to kill her and quietened her. Appellants - Arvind Shukla and Chandra Kumar went outside the room. Appellants - Hiraram Sanwra @ Chhotu and Rajendra Namdeo committed rape on the prosecutrix one after another. Thereafter, both Arvind Shukla and Chandra Kumar came inside the room and committed rape on the prosecutrix. The prosecutrix narrated the incident to her mother P.W.3. Since P.W.2, father of the prosecutrix, was not at home, her mother P.W. 3 sent the prosecutrix to village Khobi to the house of one Ranjit Gupta where the prosecutrix stayed for two days. On the third day, her father P.W.2 brought her home. She narrated the incident to him. At about 7.30 p.m. the prosecutrix went to Police Station Chalgali with her father for lodging F.I.R. but her report was not written. Thereafter, on 3.8.2001 her father P.W.2 contacted one Raj Kumar, a local leader and influential person and went to Ambikapur with the prosecutrix and met the Superintendent of Police. Thereafter, a report Ex.P. 1 was written by Anil Singh P.W.4 at her narration and lodged at Police Station, Ambikapur.

(3.)THE prosecutrix was medically examined by Dr. Mrs. Sarita Singh P.W.9 on 3.9.2001 who found the following injuries:
i. One small superficial abrasion 1/2 mm on the center of the Dorsum of the left forearm about 2 cm. lateral to medial border - red in colour - duration within 24 hours. ii. Another small superficial abrasion just below the right elbow 1/2 cm x1/2 1/4 cm -black in colour - duration more than 3 days. iii. Slight redness of the skin present at Ventral aspect of the left forearm about 6 cm. above the wrist joint, length 2 x 1 cm. iv. Three abrasions on post medial aspect of the left leg 6 cm. x 1 mm, 3 cm x 1mm. and 5 cm x 1 mm. v. One abrasion 1 cm. x 1/2 cm on the medial mallelolus of the right foot - black in colour - duration 72 hours vi. No internal or external injury was seen on her private parts. Pubic hairs were well developed, black in colour and not matted. THE vagina admitted two fingers easily. vii. THEre was no pain or tenderness during examination of the private parts. No injury was seen. Hymen was oedematous ruptured. viii. No bleeding was seen from the external and internal genitalia.


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