Md.Eqbal & Anr vs State Of Jharkhand

2. Facts and circumstances giving rise to these appeals are that:

Thereafter, she proceeded towards the vegetable market. Here, she was followed by two boys (appellants) who told her to accompany them. Though, she refused to go with them, they caught hold of her hands and took her forcibly to a school situated in Bhathi Toli and there she was subjected to rape by both of them.

B. Subsequently, other boys also came there and some of them also raped her. However, she was tired and became unconscious. She regained her consciousness in the morning and nearby, she saw an old lady. One of the appellants, was also there just outside the school. On enquiring, the old lady told her that his name was Iqbal. C. The prosecutrix went to the police station and lodged a complaint. Her statement was recorded. Her clothes, particularly her petticoat was taken by the police and she was taken to the hospital for medical examination. In view of the aforesaid complaint, investigation started and the appellants were arrested after 2-3 days. D. After the conclusion of the investigation, the chargesheet was filed against the accused appellants. They pleaded not guilty and thus, were put to trial.

She further deposed that she was being persistently threatened from the appellants/accused, therefore, she left her house after the incident and went to stay with her sister at Bokaro. She identified both the appellants/accused in the court. Her mother had died. She had informed her father about the incident when he came to police station on 14.6.1999. She denied all the suggestions made by the prosecution that she was a girl of easy virtue or bad character and she was a consenting party to the said incident or she was habitual to sex.

9. Majahar Alam (PW.1), Bablu Khan (PW.2), Kulanand Prasad (PW.3), Md. Yakir (PW.5) and Abdul Rashid (PW.6) were the prosecution witnesses. Their statements under Section 161 of the Criminal Procedure Code, 1973 (hereinafter referred to as `the Cr.P.C.’), were only to the extent that they had gone to the place of occurrence after hearing commotion, but they turned hostile and did not support the case of the prosecution. Chaturdhan Pradhan, (PW.9), remained merely a formal witness who had to prove FIR only.

Her father had given in writing that the prosecutrix had shifted to Calcutta. Therefore, there would be no sanctity of T.I. parade after such an inordinate delay.

12. The test identification parade could not be held as the prosecutrix had fled away from her village and gone to reside with her sister at Bokaro after being threatened by the accused, therefore, appellants should not be allowed to take the benefit of this circumstance.

14. There is no prohibition in law to convict the accused of rape on the basis of sole testimony of the prosecutrix and the law does not require that her statement be corroborated by the statements of other witnesses.

17. After considering the case from all angles, we do not see any cogent reason to interfere with the findings of fact recorded by the courts below. The appeals lack merit and are, accordingly, dismissed.

……………..................................J. (S.A. BOBDE) NEW DELHI;

July 22, 2013