State Of Rajasthan vs Roshan Khan & Ors

2. The facts very briefly are that on 28.04.1999 Ruliram lodged a complaint at the Bhadra Police Station in District Hanumangarh, stating as follows: There was a marriage of the daughter of his brother Gyan Singh for which a feast was arranged by him on 27.04.1999. His 15-16 years old daughter, who was slightly weak- minded, disappeared. When she did not return for quite some time, he and others started searching her. At about 9.00 p.m., a milkman informed him that he had seen six boys taking away a girl towards Kalyan Bhoomi. About 1.00 a.m. on 28.04.1999, when Ruliram was on a scooter with Gyan Singh still looking for his daughter, he noticed five boys in the light of the scooter near the old dilapidated office building of the Sheep and Wool Department and all the five, seeing the light of the scooter fled. When they went into the old building, they found Akbar having sexual intercourse with his daughter and she was shouting. They caught hold of Akbar who later informed them that all the remaining five had also performed sexual intercourse with his daughter and they knew the remaining five persons. The police registered a case under Sections 147 and 376, IPC, and carried out investigation and filed a charge-sheet against the six respondents under Sections 376/34, IPC, and the case was committed for trial.

3. In the course of trial before the Additional Sessions Judge, Nohar Camp, Bhadra, the prosecution examined as many as nine witnesses. Ruliram was examined as PW-1, his daughter (prosecutrix) was examined as PW-2, and Dr. Ramlal, who had medically examined the prosecutrix, was examined as PW-7 and the report of the Forensic Science Laboratory was marked as Ext.P-39. The Additional Sessions Judge relied on the evidence of PW-1, PW-2 and PW-7 and the Ext.P- 39 and convicted the six respondents under Section 376(2)(g) and Section 366, IPC, by judgment dated 18.11.2000, and after hearing them on the question of sentence, sentenced them for rigorous imprisonment for ten years each and a fine of Rs.5,000/- each, in default a further sentence of two months rigorous imprisonment each for the offence under Section 376(2)(g), IPC, and rigorous imprisonment for four years each and a fine of Rs.3,000/- each, in default a further sentence of one month rigorous imprisonment each for the offence under Section 366, IPC. The Additional Sessions Judge, however, directed that the sentences for the two offences are to run concurrently and upon deposit of fine by the accused persons, a compensation of Rs.25,000/- be paid to the prosecutrix.

4. The respondents filed criminal appeals before the High Court and the High Court held in the impugned judgment that the deposition of the prosecutrix (PW-2) was not believable and the evidence of Dr. Ramlal (PW-7) did not corroborate the prosecution story in some respects. The High Court further held that the evidence given by Ruliram (PW-1) that the prosecutrix was only aged 14 years cannot be believed and that she could be aged up to 19 years and there were circumstances to suggest that she went with the respondents on her own. The High Court was also of the view that the delay on the part of Ruliram (PW-1) to lodge the FIR on 28.04.1999 at 11.00 a.m. when the incident came to his knowledge at 1.00 a.m. cast serious doubts on the prosecution case. The High Court accordingly set aside the judgment of the Additional Sessions Judge, allowed the appeals and acquitted all the six respondents of the charges.

Exhibit No.1, 2 (from A) have been consumed during the examination.

18. The judgment of the High Court is thus contrary to the evidence on record and is liable to be set aside. We accordingly set aside the judgment of the High Court acquitting the respondents and restore the judgment of the trial court convicting the respondents for the offences under Sections 366 and 376(2)(g), IPC, and maintain the sentences imposed for the two offences on the respondents by the trial court.

19. The appeals are accordingly allowed. The respondents will be taken into custody forthwith to undergo the remaining sentence.