RASHEED KHAN S/O. ASHAM KHAN Vs. STATE BY MADHUGIRI POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH GROUNDS BUILDING BANGALORE

JUDGEMENT

(1.) THESE two appeals are against the judgment of conviction in S.C.No.33/2001 dated 30th August 2004 on the file of the Principal Sessions Judge, Tumkur.

(2.) CRIMINAL . Appeal No. 1440/2004 is by the accused No.5. Criminal Appeal No. 1559/2004 is by the accused Nos.1 to 4.

(3.) CASE of the prosecution was that, PW -3, the daughter of PW -2 had married to one Rajanna and she was pregnant of six months. PW -1, the victim was PW -3's maternal aunt. PWs -1 and 2 were the residents of Siddalingappana Chowki in Hospet taluk. PW -3 had come to the house of PW -2. PWs -1 and 2 in order to send her back to her husband's house at Agali village in Madakashara taluk, on 30th November 2000 at about 12.30 p.m., they reached Sira and boarded the bus to reach Madhugiri. By the time they reached Madhugiri, it was 9 p.m., they enquired about the bus to Agali village, someone told them that there is no bus till next day morning to Agali village. PWs -1 to 3 went to a nearby hotel where PW -4, the cook was present. They requested him to permit them to stay in the hotel during the night. Since it: was winter weather was chilled. PW -4 gave two gunny bags to PWs -1 to 3 and asked them to sleep by the side of the hotel. The hotel had a gate. Thereafter PW -4 went inside to sleep. Four persons (accused Nos. 1 to 4) came and asked the PW -4 to send PWs -1 to 3 with them, they threatened. PW -4. PW -4 being afraid of the same, told PWs - 1 to 3 to go out of the hotel premises. Accused -1 to 4 compelled PWs -1 to 3 to follow them. They took PWs -1 to 3 to a room near lavatory inside the bus stand. All the four accused tried to outrage the modesty of PW -3, however, PW -2 told accused Nos. 1 to 4 that, PW -3 is pregnant and do not harm her. Accused -1 to 4 pushed PWs -2 and 3 in one room and dragged PW -1, when she tried to scream, they gagged her mouth, held her and committed rape one after another. At that time, accused No.5 also came. He tried to outrage the modesty of PW -3. The incident took place at about 00:00 hours i.e., night between 30.11/1.12.2000, all the PW -1 to PW -3 came near the hotel of PW -4, at about 6 a.m., PW -22 -Police Officer came and enquired and took them to Police Station. PW -1 narrated the incident, her statement was recorded and a case was registered in Crime No, 193/2000. PW -22 made arrangement to send PW -1 for medical examination. PW -20 examined PW -1 at about 11.15 a.m. on 1.12.2000 and she gave a report as per Ex.P19. Part of the investigation was conducted by PW -22 and the remaining part of the investigation was conducted by PW -23. PW -23 after completion of the investigation filed charge sheet.