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2025 Supreme(Online)(CHH) 979
Digitally signed by BHOLA NATH KHATAI Date: 2025.03.18
13:30:15 +0530
2025:CGHC:11779-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 1039 of 2019 Reserved on 10.03.2025 Delivered on 17.03.2025
1. Amir Sai S/o Kamal Sai Gond, Aged About 23 Years R/o Village Pawanpur, Police Station Ramanujnagar, District Surajpur Chhattisgarh.
2. Vishnath Singh Gond S/o Lakhan Singh Gond, Aged About 19 Years R/o Village Pawanpur, Police Station Ramanujnagar District Surajpur Chhattisgarh.
--- Appellants versus State Of Chhattisgarh Through The Station House Officer, A J A K, Surajpur, District Surajpur Chhattisgarh.
--- Respondent CRA No. 1040 of 2019
1. Radheshyam S/o Jagat Ram Kurrey Aged About 26 Years R/o Village Ramtirath Police Station Ramanujnagar District Surajpur Chhattisgarh.
2. Shiv Kumar S/o Devidayal Singh Cherva Aged About 27 Years R/o Village Pawanpur, Police Station Ramanujnagar, District Surajpur Chhattisgarh.
3. Motilal S/o Prabhu Cherva, Aged About 29 Years R/o Village Pawanpur, Police Station Ramanujnagar, District -
Surajpur Chhattisgarh.
---Appellants Versus State Of Chhattisgarh Through The Station House Officer, A J A K, Surajpur, District Surajpur Chhattisgarh.
--- Respondent CRA No. 857 of 2019 Sukhsai Panika S/o Siyambar Das Satnami Aged About 22 Years R/o Village Pawanpur, Police Station - Ramanujganj Chhattisgarh.
---Appellant Versus State Of Chhattisgarh Through District Magistrate Surajpur, District (Revenue And Civil) Surajpur Chhattisgarh.
--- Respondent For Appellants : Ms. Hamida Siddiqui, Advocate &
Mr. Ashok Swarnkar, Advocate For Respondent : Mr. Rahul Tamaskar, Govt. Advocate (Division Bench)
Hon'ble Shri Justice Sanjay K. Agrawal Hon'ble Shri Justice Sanjay Kumar Jaiswa l
C A V J U D G M E N T
Sanjay K. Agrawal, J.
1 Since these three criminal appeals have arisen out of the same impugned judgment and the question of law and facts also being similar in these appeals, they have been clubbed together, heard together and are being disposed of by this common judgment.
2 A1 Amir Sai & A4 Vishnath Singh Gond have jointly preferred CRA No.1039/2019, A2 Radheshyam, A3 Shiv Kumar & A6 Motilal have jointly preferred CRA No.1040/2019 and A5 Sukhsai Panika has preferred CRA No.857/2019, under Section 374(2) of the Code of Criminal Procedure, calling in question the legality, validity and correctness of the judgment of conviction and order of sentence dated 25.03.2019 passed by Special Judge {Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act} Surajpur, Chhattisgarh in Special Case No. 21/2017, whereby these six appellants have been convicted and sentenced in the following manner :-
Name
Conviction
Sentence
A1 Amir Sai
u/s 341/34 IPC
Simple imprisonment for 1 month
u/s 323/34 IPC
Rigorous Imprisonment for 1 month
u/s 366/34 IPC
Rigorous Imprisonment for 5 years and fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month.
u/s 376(D) IPC
Rigorous Imprisonment for 20 years and fine of Rs.1,000/-, in default of payment of fine, additional R.I. for 1 month.
u/s 506 IPC
Rigorous Imprisonment for 1 month
A2 Radheshyam & A3 Shiv Kumar
u/s 341/34 IPC
Simple imprisonment for 1 month
u/s 366/34 IPC
Rigorous Imprisonment for 5 years and fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month.
u/s 376(D) IPC
Rigorous Imprisonment for 20 years and fine of Rs.1,000/-, in default of payment of fine, additional R.I. for 1 month.
u/s 506 IPC
Rigorous Imprisonment for 1 month
A4 Vishnath Singh Gond, A5 Sukhsai Panika & A6 Motilal
u/s 366/34 IPC
Rigorous Imprisonment for 5 years and fine of Rs.500/-, in default of payment of fine, additional R.I. for 1 month.
u/s 376(D) IPC
Rigorous Imprisonment for 20 years and fine of Rs.1,000/-, in default of payment of fine, additional R.I. for 1 month.
All the sentences are directed to run concurrently.
3 The case of prosecution, in nutshell, is that on 15.01.2017 at about 6:30 p.m. near Hatpatka turn of village Pawanpur, Police Station Ramanujnagar, District Surajpur, the appellants herein along with juvenile co-accused Ram Chander Singh, in furtherance of their common intention, restrained Janevlal (PW-2) and his wife (the victim) who were going from Ramtirth to Keshavpur on bicycle, took the victim (PW-1) forcefully towards the field and committed gang rape on her; thereby committed the offence. The husband of the victim, Janevlal (PW-2) made a written complaint (Ex.P-9) at PS Ramanujnagar pursuant to which FIR (Ex.P-10) was registered against unknown persons. The victim (PW-1) was subjected to medical examination by Dr. Seema Gupta (PW-20) and her MLC report is Ex. P-60, according to which, scratch marks were found on both her knee joints and back but no external injury was found on her genitals. Slides were prepared from the vaginal swabs/discharge of the victim which were sent to FSL for chemical examination along with her undergarments and as per FSL report Ex.P-58, human sperm was found on the said vaginal slides. TIP was conducted by Tahsildar T. R. Chouhan (PW-8) vide Ex. P-1 wherein all the 6 appellants were identified by the Victim.
4 The blood samples of the victim as well as the appellants were collected on 25.03.2017 which were sent by the Superintendent of Police, District - Surajpur vide Ex.P-61 on 27/03/2017 to the State Judiciary Science Laboratory (DNA Unit), Raipur for DNA testing, which were received on 12.04.2017. Again on 08.02.2018, the blood samples of A1 Amir Sai and A4 Vishnath Singh Gond were collected as thei
