2025:CGHC:40270 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRA No. 465 of 2004

1 - Harishankar Gautam, S/o. Shri M.L.Gautam, Aged about 21 year, R/o. Champa Sinchai Colony, Police Station Champa, District Janjgir, present address Risali Sector Bhilai, District Durg

2 - Shashikant, S/o. Shri B.L. Nagwanshi, Aged about 20 years, R/o. Near Janjgir BTI, Police Station -Janjgir, District Janjgir, Present Address Risali, Sector Bhilai, District Durg ... Appellant(s)

versus

1 - State Of Chhattisgarh, through the SHO, Police Station Durg ... Respondent(s)

For Appellant(s) : Shri Rishi Mahobia, Shri Krishna Tandon and Shri Samarth Marhas, Advocates For Respondent/State : Ms. Upasna Mehta, Dy.GA (Hon’ble Shri Justice Arvind Kumar Verma)

Judgment on Board

11/08/2025 This appeal under Section 374(2) of the Code of Criminal Procedure, 1973 has been preferred against the judgment of conviction and order of sentence dated 28.04.2004 passed by the Sessions Judge Durg (CG) in Sessions Trial No.198/2003 whereby the appellants have been convicted for the offence punishable under Section 376 IPC and sentenced to undergo RI for 10 years and to pay fine of Rs. 200/-, in default of payment of fine to further undergo RI for six months.

PROSECUTION CASE IN BRIEF :

2. Case of the prosecution in essence is that the prosecutrix (PW-1) and co-accused Tapas Maitri were classmates pursuing their studies at Vidhya Niketan School, Durg. It is alleged that on the date of incident, ie. 18.02.2003, at about 1.15 pm. she informed her mother that she was going to her teacher’s house. On the way, near Chandrakar Cement Shop, she was stopped by accused Tapas who misled her by saying that he is also having some work and would accompany her after collecting his book from home. Believing him, she went with him and instead of taking her to his house, he took her to Pragati Nagar to the house of one Arjun Yadav, Advocate and on entering the room, she found that other accused persons Vikram and Harpreet who were also her classmates were already present along with Manoj, Shashi and Hari. Accused Vikram forcibly took the prosecutrix inside and locked the door. When she raised cries, accused Shashi gagged her mouth and accused Tapas, Manoj and Hari and Harpreet took her to another room. Acused Manoj, Hari and Harpreet forcibly caught hold of the prosecutrix, acused Shashi removed her shirt and underwear, accused Vikram and Harpreet forcibly restrained both her hands and made to lie on the floor. Subsequently, all the accused persons subjected her to rape each committing the offence in succession, one after another. Thereafter, accused/appellants Shashi and Manoj threatened her not to disclosed about the incident to anyone or else her sister would her younger sister. She came home and narrated about the incident to her mother (PW-2) and father (PW-2) who in turn informed about the incident to their relative (PW-3) but as it would bring disrepute to the family and create difficulties in the future for the prosecutrix in her marriage, on the next day ie. 19.02.2003, lodged a written complaint Ex.P-1 at police station Newai, alleging that she was subjected to indecent behaviour by the accused/appellants and later on, on the advice of one Ram Kumar, on 22.02.2003, she lodged a detailed report vide Ex.P-2. Spot map was prepared vide Ex.P-17, clothes of the prosecutrix were seized vide Ex.P-5 and P-4. The undergarments of the appellants were also seized on 23.02.2003, 24.02.2003 and 26.02.2003. Prosecutrix was medically examined by Dr. Alpana Agrawal (PW-4), and X-ray was also taken for age determination and as per the report, she was aged about 18 years. The birth certificate was obtained from the Birth and Death Registration Department though not certified. She has opined that there were abrasions found on the pubic area may be because of forceful intercourse and blood was present after examination. Statements of the witnesses were recorded and after completion of investigation, charge-