The credibility of prosecutrix's testimony is sufficient for conviction without requiring independent corroboration when circumstances support her claims.

1. Cr.A.No.967/2003 filed by Devsharan and Cr.A. No.975/2003 filed by Taran Singh Marabi have been preferred against the same judgment dated 7-8-2003 passed in Sessions Trial No. 156/2003, therefore, they are being disposed of by this common - judgment.

2. These appeals are directed against the judgment of conviction and order of sentence dated 7-8-2003 passed by the 1st Additional Sessions Judge, Ambikapur in Sessions Trial No. 156/2003, whereby and whereunder learned Additional Sessions Judge after holding the accused / appellants along with two other co - accused persons guilty for kidnapping, abducting and committing gang rape on the prosecutrix, convicted each of them under S.363 read with S.34, S.366 read with S.34 and S.376 (2) (g) of the I.P.C., and sentenced to undergo rigorous imprisonment for seven years and pay a fine of Rs. 1,000/-, in default of payment of fine to further undergo rigorous imprisonment for six months under S.363 read with S.34 and S.366 read with S.34 of the I.P.C., and to undergo rigorous imprisonment for ten years and pay a fine of Rs.2,000/-, in default of payment of fine to further undergo rigorous imprisonment for one year under S.376 (2) (g) of the I.P.C.

3. The impugned judgment is challenged on the ground that without any credible evidence against the appellants for kidnapping, abducting and committing gang rape on the prosecutrix. The trial Court has convicted and sentenced the appellants and other co - accused persons as aforementioned.

4. It is informed by the Registry that co - accused persons Krishna Singh and Suresh Markam had not preferred any appeal against the impugned judgment.

5. I have heard learned counsel for the parties and perused the impugned judgment as also the record of the trial Court.

6. Case of the prosecution, in brief, is that the prosecutrix (PW 1), who was aged about 18 years on the date of incident, was residing in her maternal house at Village Padiya, Distt. Ambikapur, on 3-3-2003 at about 10 p.m. after taking dinner, she came out of her house to answer the call of nature, at that time, Taran Gond along with other 8-10 persons came to her and forcefully took her towards Sarna, when she tried to raise cries, they closed her mouth by hand. The appellants and all other co - accused persons committed forceful sexual intercourse on her. She became unconscious, then they escaped from the spot. When she regained consciousness, she tried to go towards her house, but she got stray and reached Thodi. She was tired, therefore, she stayed at the wheat field. On 5-3-2003 in the morning hours, she went to Village Bilari in the house of one old lady who provided meals to her. At about 3 p.m. her brother - in - law Arjun and one Moharlal came to her, she narrated the incident to them and she came with her brother - in - law to her parents' house where she narrated the incident to her mother and father. She was tired and suffering from body pains. When she did not come to her house, on 5-3-2003, her brother - in - law Arjun lodged report to Police vide Ex.P - 6. Thereafter, she lodged the first information report vide - Ex.P - 1 on 5-3-2003 at about 9.20 p.m. Her petticoat was seized vide Ex.P - 2. After taking consent from her and her mother vide Ex.P - 3, she was sent for medical examination vide Ex.P - 4A and she was examined by Dr. Mrs. Shakuntala Xalxo (PW 7) vide Ex.P - 4.

7Dr. Mrs. Shakuntala Xalxo (PW 7) noticed one abrasion on posterior aspect of right elbow 1 cm. above elbow joint of about 1 cm. x ' cm. size and one abrasion on posterior aspect of left elbow 1 cm. medial to elbow joint of about 1 cm. x ' cm. size. On internal examination one linear abrasion of 1 cm. x 1 cm. size was present on right labia majora about 2 cms. above fourchtte.