..t" -T Critninal Appeal No.674/1993 Madkami Giuna, S/o Kosa Muriya, Age— 17 years, R/o - .Gaderiipara, Maruki, Thaaa - Qadiras ' (Kuwakonda) District - Bastar (M.P.) (Now C.G.) Versus State ofM.P. (Now C.G.) tbrough PoUce Station Kuwakonda, Police- District - Daatewada, District Bastesr (M.P.) (Now C.G.) Crimlnal Atlpeal No.675/1993 Madkami Ganga, S/o Joga Muriya, Age 20 years, Giam. - Gadein Para MaruJd, TIiana — Gadiras State ofM.P. (Now C.G.) fhrough PoUce Station Kuwakonda, PoUce- District - Daatewada, District - Bastar (M.P.) (Now C.G.) Appearance: Sint. Hamida Siddique, aaiicus curiae ia bofh the cases. Shri M.P.S. Bhatia, Panel Lawyer for fhe State in both the cases. SUNIL KUMAR KNHA. 4. Heanj'. , Since fhese appeals-^^arise out of a cominon judginent dated 16.2.1993 passed in Sessions Triat No. 137/92 by the Second Additional Sessions Judge, Bastar, Jagdalpur, whereby, appeUaat - Madkami Gauga wasconvicted under Section 376 of fhe IPC aad appeUant - Madkami Giuna was convicted under ^B^: -2-- Criminal Appeal No.674/1993 and Criminal Appeal No.675/1993 Section 376 (2) (g) of tfae IPC (wrongly menuoned as 376 (1) (g) in the judgment) aad both were sentenced to uadergo R.I. for 7- 7 years, fherefore, they are beiag disposed of by fhis coxuimon judguient. The brief facts are fhat on 19/2/1992, fhe prosecutrix namely Kunjami Kosi alongwifh her fi-ieuds, had gone to celebrate soine festival ia village - Gadeia. When fhey aU were retuming back to their viilage, on fhe way, the appeUaiits started peltiug stones on fhem.. On this, her fdends raa away fi-oxii the place of occiu-rence, but she was caught by ftie appeUants. The aUegations are fhat fhereafter, both fhe appeUants conuiutted forceful sexual iatercourses against her. On fhe next day, there was a ViUage Paachayat aud fheu, the report was lodged ui Police Stati.an - Kuwakonda. During the course of iavestigation, the prosecutrix was sent for raedical examiaation. She was exainiaed by Dr. (Ms.) Raajana Gupta (PW-6), who foiind niaay exteraal injuries on her person. She also fouiid fhat fhe hyinen was ruptured and fhe vagiaa was admitting one finger wifh. pams and fhe victiia was also coinplaining pains iii vagiaa. On trial, fhe appeliants were fouud guilty of the aibresaid offences. The conviction of the appeUaats is based upon the testrmoiiy of the prosecutnx nauiely Kunjami Kosa (PW-1), supported by Sodi KTile (PW-3) as also the First Infonnation Report (Ex.-P/ 1) and fhe versioa of the lady Doctor namely Ms. Raajana Gupta (PW-6). Snit. Siddique subiniti that the conviction aud sentence awarded to the appeUaats are not ta accordance with law and the same be set aside. On .fhe ofher haad, learaed couiisel for fhe State opposes these arguinents and supports the judgment of convictioa and order ofsentence passed'By fhe Sessions Court. Kunjami Kosa (PW-1) has stated fhat when she was reti.inuxig back to the viUage alongwifh. her fiiends, fhese appeUants started pelting stones on fheia, due to which, she feU down, but her friends raa away froin fhe place of occurreiice. •^)- Criminal Appeal No.674/1993 and Criminal Appeal No.675/1993 Shyna She deposed fhat as she feU down, she was caught by fhe appellaats - Madkami Gan.ga aad Madkami Guxaa aad thereafter, both coininitted forceful sexual iatercourses agafaist her. She also deposed fhe laanner ia which sexual iatercourses were coaiinitted by bofh fhe appeUants. She further deposed that whexi she was released, she uaiaediately ran to her house aud disclosed ftie stoiy to her brofher-in-law (Jijc^ and oae LakTnna. The versioa of the prosecutnx is supported by fhe evidence of Sodi Kule (PW-3), to fhe extent fhat when ttiey were coming back alongwith tiie fi-iends, the prosecutnx was caught by the appellaats on the way. Her versipn is furUier supported by the contents of fhe First Infonaation Report (Ex.-P/1), tu whicb, she had inade positive allegations regarduig cominission of sexual iatercourses against ber by fhe appeUauts. The evidence of fhe prosecutrix is also corroboiated by the evideuce of Dr. (Ms.) Raajana Gupta, who had noticed extemal iajiiries on fhe person of fhe prosecutrix and had also noticed fhat fhe hyineii of fhe prosecutrix was ruptured alongwith other features stated supra. She has proved her report Ex.P/3. On the basis of evidence of fhe prosecutrix as also her friend namely Sodi Kule (PW-3) and the evidence of Dr. (Ms.) Ranjaaa Gupta, it does not apgear that fhe Sessions Court has coiniaitted any error of law by'holding the appeUants guiUy of fhe aforesaid ofience. There is no force ia fhe ai^unients advauced by leamed couiisel for fhe appeUants. No ottier gTound except fhe above is raSed. There appears to be no infirmily iu the judgnient passed by fhe SessiOns Couit. , The appeals have uo. inerit aad the saiae are accordingly dismissed. j Sunii KumarSinha Judge