JUDGMENT :

VISHAL MISHRA, J.

1. Assailing the judgment of conviction dated 17.11.2006 passed by Special Judge, (SC/ST Prevention of Atrocities) Act, Katni in Special Sessions Case No.140 of 2004 whereby accused/appellants have been convicted as under :-

All the custodial sentences shall run concurrently. 

2. It is the case of the prosecution that between 23.06.2004 to 27.06.2004, the said offence is said to have been committed. On 23.06.2024, the complainant/victim was called by the daughter of one Chottelal Choudhary. Both of them went to see the marriage precession of Fagun Choudhary and thereafter, the victim has not returned back. The missing report No.11/2004 was lodged by the father of the victim at Police Station Kymore. On the basis of which, Crime No.113 of 2004 was got registered. It is mentioned in the FIR that the victim while returning back after seeing the marriage precession, the accused Raju @ Umakant Urmaliya and Jalandhar Kol caught hold of the victim, closed her mouth and took her to a room near the field and locked her. Thereafter both of them committed rape with her. The next day, she was taken to Dair Salaiya and other places. Both of them committed rape with her several times. She was recovered from Lal Bai's house on 28.06.2004 at 11:30 AM and brought to the police station where she lodged the FIR (Exhibit P/20) registered at Crime No.113 of 2004 for the offences punishable under Sections 363, 366, 376, 506, 342/34 of the IPC. The matter was taken up for investigation. Her recovery memo was prepared as Exhibit P/1. Her consent for medical examination was obtained as Exhibit P/2. Exhibit P/17A, the spot map was prepared. Exhibit P/17 is an application given for medical examination of the victim. The victim was medically examined. The reports are Exhibits P/13 and P/14. Victim clothes were seized by memo Exhibit P/15. Slides were got prepared. Her caste certificate was recovered as Exhibit P/20A. Vide Exhibit P/24, the accused Umakant Urmaliya was arrested. The articles were sent for forensic examination, the report Exhibit P/29 was prepared and received. Both the accused absconded and their Farari Panchnama (Exhibit P/26) were prepared. The accused No.1 Raju @ Umakant Urmaliya was arrested on 23.07.2004 (Exhibit P/24) and accused No.2 Jalandhar Kol was arrested on 22.05.2005 vide Exhibit P/30. The statements under Section 161 of the Cr.P.C. of the victim and the family members were got recorded. On the basis of above investigation, the offence under Sections 366, 366/34, 376(2)(G) and 342 of the IPC was got registered. After completion of the investigation, the charge sheet was filed on 28.06.2004. The accused persons abjured their guilt and denied the commission of offence, stating that the victim being a consenting party, as she was having a love affair with Jalandhar Kol. Therefore, they were put to trial.

3. The prosecution has got examined as many as 13 prosecution witnesses; namely Rani (PW-1), Saholi (PW-2), Thikali Prasad (PW- 3), Ramprasad (PW-4), Chhote Singh (PW-5), Dadu Burman (PW-6), Udal Singh (PW-7), Dr. Yashwant Verma (PW-8), Bharat Jhariya (PW-9), Dr. Snehlata Jain (PW-10), J.L.Mishra (PW-11), Neeraj Shriv