IMPORTANT POINT
The credibility of the victim's testimony, the delay in reporting a rape incident, and the medical evidence are crucial in establishing guilt in rape cases.

JUDGMENT :

Ramesh Sinha, C.J.

1. The appellants have preferred this appeal under Section 374(2) of Code of Criminal Procedure, 1973 (for short, ‘CrPC’) questioning the impugned judgment dated 20.09.2022 passed by the learned Additional Sessions Judge, Khairagarh, District- Khairagarh-Chhuikhadan-Gandai in Sessions Trials No.12/2020, whereby the trial Court has convicted and sentenced the appellants with a direction to run all the sentences concurrently in the following manner :

2. Case of the prosecution, in short, is that on 08.12.2019, the victim appeared at Police Station, Salhewara and filed a written complaint to the effect that on 02.12.2019, she had gone to attend chhatti program at Bharat’s house at XXX village. At around 09.00 pm, after feeding the guests, while she was going towards the street to clean up and throw the garbage, the accused/ appellants started catching and taking her away, then she screamed but no one heard her voice as the mike was on. The accused took her to the stairs of XXX pond, threatened her and raped her one by one, due to which she became unconscious. During that time, the accused were calling each others name. After 15 to 20 minutes, when she regain conscious, she went to her maternal uncle’s house without cloth and called out, then her maternal aunt took her inside the house and dressed her. Thereafter, she told her aunt about the incident. On 03.12.2019, she returned to her home along with her sister and brother-in-law, but remained silent due to threats from the accused/appellants. When her parents inquired about the reason behind her constant silence she told them about the incident. On the basis of said complaint, FIR (Exhibit P/2) was registered against the accused/appellants under Crime No. 65/2019 on 08.12.2019 at 16.10 hours for the offences punishable under Sections 376(2)(g), 363 and 506 of the IPC and the case was taken up for investigation.

3. Statements of the victim and witnesses were recorded vide Exs. D-1 to D-9 Spot map was prepared by the Investigating Officer vide Ex.P-3. After giving notice U/s 91 of the CrPC vide Ex.P-4 clothes of the victim were recovered and seized vide Ex.P-6. After taking consent of the victim vide Ex/P-5, she was medically examined by Dr. Leela Ramteke (PW-4) vide Ex.P-10. Two vaginal slides of the victim prepared by the Doctor in a sealed packed and pubic hair of the victim in a matchbox were seized vide Ex.P-47. Examination report of the clothes of the victim was received vide Ex.P-11. Memo to JMFC requesting to record the statement of the victim U/s 164 of CrPC was given vide Ex.P-49. Statement of the victim under Section 164 of CrPC was recorded vide Ex.P-7 and the statement of her maternal aunt Smt. Dayabati was recorded vide Ex.P-12. The accused/appellants were taken into custody and information of their arrest were given vide Ex.P- 26 to P-29 and their memorandum statements were recorded vide Exs. P-14 to P-17. Recovery panchnamas were prepared vide Exs. P-18 to P-21 and under garments of the accused/appellants were seized vide Exs. P-22 to P-25. Memo for preparing stop map was given vide Ex. P-36 and the stop map of the incident site was prepared by the concerned Patwari vide Ex.P-37. Applications for medical examination of the accused/appellants were given and they were medically examined vide Exs. P-38 to P-41. Examination report of seized underwear of the accused/appellants were received vide Exs. P-42 to 45.

4. After investigating the matter, the police submitted the police report alongwith charge-sheet