The main legal point established in the judgment is the requirement to prove the guilt of the accused beyond reasonable doubt before a conviction can be made.

JUDGMENT :

SANJAY K. AGRAWAL, J.

1. Since these two criminal appeals have arisen out of the same judgment dated 6.2.2016 passed by First Additional Sessions Judge, District Balod in Sessions Trial No. 2300078/2015 and the question of law and fact also being similar in these two appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.

2. The sole appellant in Criminal Appeal No. 270/2016 namely Devkaran (A-2) so also the sole appellant in Criminal Appeal No. 1603/2017 namely Arjun Halba (A-1) both have preferred these two appeals, under Section 374 (2) of Cr.P.C. calling in question the validity, legality and correctness of the impugned judgment dated 6.2.2016 whereby both of them have been convicted for the offence punishable under Section 376(2)(g) of IPC and sentenced to undergo Life Imprisonment to pay fine of Rs.1000/- each and in default whereof, to undergo additional rigorous imprisonment for one month each.

3. Case of the prosecution, in nutshell, is that on 6.7.2015 at about 8:15 p.m. at village Sambalpur under Police Station Daundilohara, District Balod, in the field near the shrine of Bharat Pujari, the two appellants herein i.e. A-1 Arjun, A-2 Devkaran and the other co-accused Deman Singh (now acquitted) had assaulted the victim (PW-11), a deaf and dumb girl with mental disability, and also committed sexual intercourse with her; thereby committed the offence.

4. Further case of the prosecution is that on the date of incident i.e. on 6.7.2015, Idhan Bhuarya (not examined), nephew of complainant Chander Bai (PW-1) who is the mother of victim (PW-11), at about 10:00 p.m. reached to her house and informed her that three persons have committed gang rape with victim at Village Sambalpur. Thereafter, when the complainant (PW-1) reached Village Sambalpur, Uttam Kumar Sahu (PW-7), Loman Singh (PW-8) and Radheysham (PW-9) told her that at about 7:30 p.m. one boy had taken the victim towards the field and after about half an hour when they went to the spot they saw two boys running away and only A-1 Arjun was standing there and victim was lying there on the ground without her clothes and her hands were tied with salwar and there was bleeding in her forehead. On being asked by them, A-1 Arjun had told them the name of other co-accused persons being A-2 Devkaran and Deman Singh and the victim had also told them by sign of the appellants being the authors of crime.

5. Subsequently, on the complaint lodged by Chander Bai (PW-1), FIR was registered against the accused persons vide Exhibit P-1. The victim was medically examined by Dr. Smt. Shashi Claudius (PW-2) who gave her report vide Exhibit P-6 in which certain external and internal injuries were found on the body of victim and she was also found to be subjected to recent sexual intercourse. Nazri Naksha (Exhibit P-16) was prepared. Vide Exhibit P-22, seizure of two bicycles, one slipper, one plastic spectacle, some undergarments and clothes were made. Vaginal slide of victim and other seized articles were sent for chemical analysis to the FSL and vide FSL report (Exhibit P-41), blood and human sperms were found in slide (Article ‘E’) of victim and on Articles ‘A’, ‘B’, ‘C’ (clothes of victim) & Article ‘F2’ (undergarment of A-1 Arjun) human blood was found. Statements of the witnesses were also recorded under Section 161 of Cr.P.C. and the accused persons were arrested.

6. After completion of investigation, A-1 Arjun, A-2 Devkaran and the other co-accused person Deman Singh were charge-sheeted for the offence punishable under Sections 376(2)(g) and 323 of IPC before the concerned jurisdictional Criminal Court from where the case was committed to the Court of Sessions and after committal, the matter was received by the Court of First Additional Sessions Judge, Balod for trial and its disposal in accordance with law, in which the accused persons abjured their guilt, pleaded innocence and claimed to be tried.

7. During the course of trial