2026:CGHC:7344 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 343 of 2007

1. Umashanker, S/o Damrudhar Soni, Aged about 25 years, R/o Village- Kumhadai Khurd, Police Station- Deobhog, District-

Raipur (C.G.)

2. Jagannath Yadav, S/o Leelamber Yadav, Aged about 21 years, R/o Village- Kumhadai Khurd, Police Station- Deobhog, District-

Raipur (C.G.) ... Appellants versus

1 - State of Chhattisgarh: through District Magistrate, Raipur, District Raipur (C.G.).

... Respondent(s)

For Appellants : Mr. Yogesh Pandey, Advocate For Respondent(s)/ State : Mr. Kanhaiya Ram Yadav, Panel Lawyer Hon'ble Smt. Justice Rajani Dubey Judgment on Board

10/02/2026

1. The present appeal under Section 374(2) of the Code of Criminal Procedure has been preferred against the judgment of conviction and order of sentence dated 24.04.2007 passed by the learned Additional Sessions Judge, Gariyaband, District- Raipur (C.G.) in Sessions Case No. 22/2007, whereby the learned trial Court has convicted the appellants and sentenced them as under:-

Conviction Sentence U/s 341/34 of R.I. for 1 month IPC U/s 366/34 of R.I. for 3 years and to pay IPC fine of Rs.1000/- each and in default of payment of fine, additional RI for two months

2. The prosecution case, in brief, is that on the date of the incident i.e., 26.03.2006, at about 6:00 a.m., the prosecutrix had gone alone towards the outskirts of the village to answer the call of nature. When she reached the road situated outside the village, accused Umashanker and Jagannath Yadav allegedly intercepted her. It is alleged that accused Umashanker caught hold of the prosecutrix by her waist and lifted her onto his shoulders, while co-accused Jagannath Yadav gagged her by tying a cloth over her mouth, and both of them forcibly took her to the agricultural field (badi) of Khageshwar. There, accused Umashanker removed her clothes and committed forcible sexual intercourse with her repeatedly, while Jagannath Yadav remained present nearby and kept watch. According to the prosecution, at about 4:00 a.m., accused Umashanker left the prosecutrix in the said field and went away. Thereafter, other co-accused persons allegedly arrived in a jeep, placed the prosecutrix, who was in an unconscious condition, in the vehicle, took her towards Devbhog bridge, and subsequently brought her back and left her near the pond. After regaining consciousness, the prosecutrix somehow reached her house and narrated the entire incident to her mother and sister-in- law and, upon the arrival of her father, disclosed the occurrence to him as well. On the basis of her report, a First Information Report (FIR) (Ex.P-1) was lodged at Police Station Devbhog. During investigation, the prosecutrix was medically examined, her clothes were seized, and accused Umashanker was also medically examined. His undergarments were seized and sent for chemical examination. Statements of witnesses were recorded and, upon completion of investigation, a charge-sheet was filed before the competent Court. After committal and hearing of the parties, the matter came before this Court for adjudication. The learned Trial Court framed charges under Sections 341/34, 366/34 and 376 of the Indian Penal Code against accused Umashanker Soni; charges under Sections 341/34 and 366/34 of the Indian Penal Code against accused Jagannath Yadav; and a charge under Section 366 read with Section 147 of the Indian Penal Code against the other co-accused persons, to which, the appellants and the co-accused abjured their guilt and claimed to be tried.

3. In order to substantiate its case, the prosecution examined as many as 11 witnesses. The statements of the accused/appellants were also recorded under Section 313 of the Code of Criminal Procedure, wherein they denied all the incriminating circumstances appearing against them and pleaded innocence and false implication. However, they did not lead any evidence in defence.

4. The learned Trial Court, upon due appreciation of the oral and documentary eviden