DHIRENDRA MISHRA, J.

( 1 ) THIS appeal is directed against the judgment dated 19th september 2003 passed in S. T. No. 149/2003 whereby the learned 4th Additional Sessions Judge, Raipur has convicted the appellants under Section 376 (2) (g) of the IPC and 145 (B) of the Railways Act, 1989 and sentenced each of then to undergo R. I. for 10 years and pay a fine Rs. 500 and to undergo R. I. for one month respectively and in default of payment of fine to further undergo R. I. for one month each.

( 2 ) CASE of the prosecution in brief is that the prosecutrix who is undisputedly a married lady, aged 21 years, had gone from her village Kalartarai, Police Station Kota, District Bilaspur to Power House Station for the purpose of meeting her uncle Pramod kumar Gourha who was working at the relevant time as Constable in R. P. F. at B. M. Y charouda. She reached Power House Station at about 6 p. m. and made enquiries regarding reaching Charouda and thereafter, she proceeded to Charouda by a Minidore. After reaching Charouda, she enquired about her uncle's quarter and proceeded towards the quarter of her uncle on foot. At this juncture, appellant Shrawan came on his Auto and took her in his Auto near a house. After stationing his Auto he introduced her with one D. P. Singh saying that he is the friend of Gourha. However, said d. P. Singh tried to outrage her modesty and on being objected to, he set her free and started talking to Shrawan. Shrawan again took the prosecutrix in his Auto and after moving around for some time, parked his auto near his house and asked the prosecutrix to sleep in the Auto. Around 12. 00 in the night, two boys came there and talked to Shrawan after taking him at a distance. The name of one of the boys was Vinod who later on came near her and started making indecent advances, on her objection he slapped her. Thereafter, the appellants dragged her in a nearby house, took out her wearing apparels and raped (Bura Kam)her. The act of forcible rape was further repeated after about an hour by both the appellants. In the morning both of them took her to the house of Gourha and called the younger brother of Gourha namely Vinod. After leaving her at the house of Gourha both the appellants went away in the Auto. She narrated the incident to Vinod Gourha and asked him to lodge a report whereupon he said that he is alone and the accused persons are rowdies, she should return to the village and as soon as his brother returns from Kharagpur, he will call her for the purposes of reporting the matter to the police. Thereafter, he left the prosecutrix at raipur station by his motorcycle. After reaching Kota, she disclosed about the incident to her husband and brother-in-law. On return of Pramod Gourha, the prosecutrix was called and thereafter, she along with her uncle Pramod Gourha and Vinod gourha lodged the report at Police Station g. R. P. Charouda. On the basis of report of the prosecutrix the offence against the present appellants as also the acquitted accused D. K. Singh was registered. Prosecutrix was sent for medical examination to district Hospital, Durg.

( 3 ) AFTER completing investigation charge-sheet was filed in Court of Special Railway magistrate, Raipur who in turn committed the case of the Court of Sessions Judge, raipur and the same was received on transfer by learned Additional Sessions Judge for trial. Learned trial Court framed charges under Section 376 (2) (g) of the IPC and section 145 (B) of the Railways Act, 1989 against the accused appellants Shrawan and Vinod whereas charge under Section 354 of the IPC and 145 (B) of the Railways act was framed against accused D. K. Singh. Prosecution in order to establish the charges against the accused persons examined 8 witnesses in all. Thereafter, statements of the accused persons were recorded under section 313 of the Cr. P. C. in which they denied the circumstances appearing against them in the prosecution case and pleaded innocence and false implication. They als

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