IMPORTANT POINT
The conviction for kidnapping and gang rape was upheld based on the credible testimony of the prosecutrix and corroborative evidence, establishing the prosecution's case beyond reasonable doubt.

JUDGMENT :

Per Bibhu Datta Guru, Judge

Heard Mr. Sanjay Agrawal, Advocate appearing for the appellant in CRA No.539/2023 and Mr. Syed Majid Ali, Advocate appearing for the appellant in CRA No.629/2023. Also heard Mr. Shailendra Sharma, Panel Lawyer appearing for the respondent/State.

Both the appeals are arising out of same crime number registered at same police station, they are being heard and decided by this common order.

1. This criminal appeal filed by the appellants under Section 374(2) of the Code of Criminal Procedure, 1973 (for short, ‘Cr.P.C.’) is directed against the impugned judgment of conviction and order of sentence dated 28.01.2023, passed by the learned Special Judge under Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989, Jashpur (C.G.) in Special Criminal Case under the SC ST Act No. 32 of 2020, whereby the appellants/accused have been convicted for the offence and sentenced as under:-

Both the sentences are directly to run concurrently.

2. Case of the prosecution, in brief, is that on 10/10/2020 at about 03:25 pm, complainant-Sukhdev Ram (PW-1) made a complaint before the concerned police station that on 09/10/2020 at about 6 P.M. prosecutrix along with her other family members went to the house of Jagmani Bai for watching television and after that at about 9 P.M. prosecutrix was returning home along with her sister i.e. Anjali, Fulman, sister-in-law and Holika who is daughter of Fulmani. After dropping Fulmani and Holika in their houses, the prosecutrix along with her sister Anjali started walking towards their house. Thereafter, her sister Anjali went inside the house and the prosecutrix stopped at some distance from her house for attending the nature's call. When the prosecutrix stood up after attending her nature's call, around 2-3 persons came behind her and covered her face with a shawl and committed forcibly sexual intercourse with her. When the prosecutrix did not return her home, the family members of prosecutrix and other villagers started searching the prosecutrix in the village and nearby areas but they did not find her. On 10/10/2020 at about 7 am, when Hari Kamal (PW-6) went to cut the grass in their farm land, he found that the prosecutrix was lying unconscious. After that Hari Kamal (PW-6) informed the family members of the prosecutrix and the prosecutrix was taken to her house. Thereafter, the prosecutrix was taken to Community Health Centre, Kunkuri where the prosecutrix was given first aid after which the prosecutrix regained her consciousness and narrated the whole incident to complainant-Sukhdev Ram (PW-1) and Anita (PW-5). Then she was referred to the District Hospital, Jashpur where her medical examination was conducted. Panchnama cum spot map was prepared vide Ex.P/20. Statement of prosecutrix was recorded under Section 164 of the Cr.P.C. before the Judicial Magistrate First Class, Pathalgaon vide Ex.P/39.

3. The accused/appellants were arrested vide arrest memo Ex.P/6 and Ex.P/31. Underwear of prosecutrix and seized vaginal slide sent to FSL for examination. As per FSL report vide Ex.P/11, semen stains and human sperm were found in underwear of the prosecutrix. After due investigation, FIR was registered against the appellants for the offence under section 366, 376(d) of the IPC and charge-sheet was filed before the Judicial Magistrate First Class, Kunkuri, District:Jashpur, C.G.

4. During the course of trial, in order to bring home the offence, the prosecution has examined as many as 21 witnesses and exhibited 50 documents. Statements of the appellants were recorded under Section 313 of Cr.P.C. in which they denied circumstances appearing against them in prosecution case, pleaded innocence and