AFR VISHAKHA HIGH COURT OF CHHATTISGARH AT BILASPUR BEOHAR Digitally signed by VISHAKHA CRA No. 1878 of 2019 BEOHAR Judgment Reserved on 21.07.2025 Judgment Delivered on 06.08.2025

1 - Tota Prasad @ Baba S/o Rama Yadav, Aged About 21 Years R/o Village Parpatiya, Police Station Kamleshwarpur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh 2 - Mahendra Yadav, S/o Luxman, Aged About 23 Years R/o Village Parpatiya, Police Station Kamleshwarpur, District Surguja Chhattisgarh., District : Surguja (Ambikapur), Chhattisgarh ...Appellants versus

1 - State Of Chhattisgarh Through P.S. Lakhanpur, District Surguja Chhattisgarh, District : Surguja (Ambikapur), Chhattisgarh ... Respondent For Appellants : Mr. Sushil Dubey & Mr. Aman Upadhyay, Advocates for the respective appellant.

For Respondent/State : Mr. Abhishek Singh, P.L.

Division Bench Hon'ble Smt. Justice Rajani Dubey, J. &

Hon'ble Shri Justice Amitendra Kishore Prasad, J.

C A V Judgment

Per, Amitendra Kishore Prasad, J.

1. In this appeal filed under Section 374(2) of Cr.P.C., the present appellants have challenged the legality, validity and propriety of the judgment of conviction and order of sentence dated 18.09.2019 passed by the Special Judge, Surguja (Ambikapur), Chhattisgarh {Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act), 1989} (for short, ‘the Act, 1989’), in Special Sessions (Atrocities) Case No.15/2018, whereby and whereunder the appellants No.1 & 2 stand convicted and sentenced as under:-

(All sentences were directed to run concurrently)

2. Case of the prosecution, in brief, is that on 18.12.2017, the prosecutrix, aged about 23 years, was returning home from Ambikapur by bus. After reaching at village Pankajam, she was walking towards her home, at that time, two unknown persons came there on a blue motorcycle and intercepted her near village Labji Tukradan. After that, one of the accused snatched her mobile phone, forcibly dragged her and took her to a nearby area, where they committed forcible sexual intercourse with her one by one. After commission of the crime, both the unknown persons left the prosecutrix in the forest and fled away from the spot on their motorcycle, taking her phone with them. Thereafter, prosecutrix reached her home and informed about the incident to her family members. Based on the report of prosecutrix, FIR (Exs.P-7 & P-

35) have been lodged against the unknown persons.

3. During investigation, spot map was prepared vide Ex.P-18 and after taking the consent of the prosecutrix (Ex.P-8), she was sent for medical examination where PW-2 Dr. Sharda Bhagat examined her and did not give any definite opinion regarding recent forcible sexual intercourse nor did find any sign of injury over the body of the prosecutrix either internally or externally and gave her MLC report vide Ex.P-5. Accused persons were taken into custody vide Exs.P-28 & 29 and they were also sent for medical examination where PW-1 Dr. I.D. Bhatnagar examined them and found that they are capable of performing intercourse and gave his MLC reports vide Exs.P-1 & P-2. Vide Ex.P-10, undergarment of prosecutrix containing seminal spots was seized. Vide Ex.P-11, caste certificate of prosecutrix was seized. Vide Ex.P-26, memorandum statement of appellant No.2- Mahendra Yadav was recorded, pursuant to which, one white colour Oppo company mobile phone was seized vide Ex.P-27. Vide Ex.P-24, vaginal slide of prosecutrix was seized. Vide Exs.P-25 & P-27, undergarments of accused persons were seized. Seized articles were sent to FSL for chemical examination and as per FSL report (Ex.D-1), seminal spots and human spermatozoa have been found on the seized articles marked as 'A, B, C & D.'

4. Statements of the witnesses were recorded and after completing investigation, charge-sheet was filed against the accused persons/appellants before the concerned trial Court. Accused persons/appellants abjured their guilt and prayed for trial.

5. The prosecution, in order to