RAJA ALIAS DOSAVAL Vs. STATE

JUDGEMENT

(1.) THIS appeal is by accused 1, convicted for the offences under Sections 366 and 376 of the IPC in S. C. No. 79 of 1995 by the learned III additional Sessions Judge, Mysore, dated 31-7-1998 sentencing him to undergo R. I. for a period of 7 years and to pay a fine of Rs. 5,000. 00 for the offence under Section 376 of the IPC. Further sentencing him to undergo R. I. for a period of 5 years and to pay a fine of Rs. 1,000. 00 for the offence under Section 366 of the IPC.

(2.) THE case of the prosecution in the nutshell is as follows.-The village girl, P. W. 3 selling flowers and eking her livelihood was abducted by the accused, which led her life to misery. When P. W. 3 went to Devaraja Market, Mysore, for purchase of flowers, accused 1, Raja alias Dosaval, accused 2-Venkataramanasetty alias Venkatasubba alias kajji with the assistance of one Geetha took her near a hotel and made her to drink a cup of coffee by mixing with some intoxication and she become unconscious. When she regained consciousness, found that she was brought to Bangalore. The accused by making a false promise that they will take her back to Mysore, brought to Bombay, took her to a hotel and confined in a room. Accused 1-Raja alias Dosaval committed rape. So also, another person committed rape on prosecutrix, sold her to a brothel house of one Geetha and she was made to suffer physical and mental tortures, seducing her to lead a life of prostitute. As there was no alternative, she was compelled to lead the life of prostitute till she was rescued. A victim of a similar circumstances by name Kamala appeared before the Inspector of Police-P. W. 8, B. P. Suresh and informed him that 2 persons of such gang were standing near the bus stand who took her to bombay and sold to a brothel house. P. W. 8 recorded her statement and registered a case in Crime No. 246 of 1994 for the offences under sections 366 and 376 of the IPC. At her instance, the culprits by name ashoka alias Manohar and Bangarasetty alias Bangari were arrested. On recording their voluntary statement, it revealed that the other accused viz. , Raja alias Dosaval and Javarai who were also gangsters. He apprehended them, interrogated and produced before the Court and obtained orders for their detention in the police custody for investigation. The 4 accused took the Police Inspector-P. W. 8 and his staff to Bombay on 15-9-1994. P. W. 8 met the Joint Commissioner of bombay City Police and requested for their assistance. On 16-9-1994 during early hours, the Bombay Police and the Karnataka Police teams raided on various brothel houses at Bombay. The accused Raja alias dosaval took the team to three stars building in Lamington road. The victim Sheela alias Malini was rescued. The Bombay Police and the karnataka Police rescued about 27 girls from various brothel houses. P. W. 3 prosecutrix identified Raja alias Dosaval who was with the police. The rescued girls were kept in a protective home at Bombay and the investigation was continued. They left Bombay on 18-9-1994 along with the 27 rescued girls and reached Mysore on 19-9-1994. All the rescued girls were kept in the protective home at Mysore and continued the investigation. On 25-9-1994 he returned to the headquarters and recorded the statements of all the rescued girls. He recorded the complaint of P. W. 3 as per Ex. P. 4 and registered a case in Crime No. 273 of 1994 for the offences under Sections 366 and 376 of the IPC, prepared the F. I. R.-Ex. P. 5 and forwarded the same to the concerned authority. On 26-9-1994, P. W. 3 took him near the k. S. R. T. C. Bus Stand, Mysore, situated in the limits of Devaraja Police station and prepared the spot mahazar-Ex. P. 3. He sent all the rescued girls for medical examination to secure V. D. L. R. reports. He produced the accused persons before the Court and remanded them to the judicial custody. On 29-9-1994 he secured the elder sister of P. W. 3 from Yelwala and gave the victim to her custody. Later, he transferred the investigation papers to the Devaraja Police Station, within whose limit the incident of abduction took place. P. W. 7-S. G. Vijayakumar, PSI, devaraja Police Station, received the case papers from Mysore South circle Police and registered a case in Crime No. 897 of 1994 for the offences under Sections 366 and 376 of the IPC against the accused persons and forwarded the F. I. R.-Ex. P. 6 to the jurisdictional magistrate. He received the copy of the accident register extract-Ex. P. 1. After completion of the investigation filed the charge-sheet against accused 1-Raja alias Dosaval and accused 2-Venkatasubba alias venkataramanasetty. The learned III Additional Sessions Judge after securing the presence of the accused, framed the charges for the offences under sections 366 and 376 read with Section 34 of the IPC. The accused pleaded not guilty and claimed to be tried. The prosecution in all examined P. Ws. 1 to 8 and marked Exs. P. 1 to P. 7. The statements of the accused were recorded under Section 313 of the Cr. P. C. The defence is one of the total denial. The accused persons did not choose to lead any defence evidence. The learned III Additional Sessions Judge acquitted accused 2-Venkataramanashetty alias Venkatasubba alias Kajji for the offences charged and convicted accused 1-Raja alias Dosaval for the offences under Sections 366 and 376 read with Section 34 of the IPC and sentencing as above. Accused 1-Raja alias Dosaval being aggrieved of the conviction and sentence has come up with this appeal.

(3.) LEARNED Counsel for the appellant/accused 1 contended that there is delay of 2 years in lodging the complaint by P. W. 3 and no sufficient reasons have been shown. The conduct of P. W. 3 is so unnatural when abducted by the accused, she did not try to escape and just accompanied them. Except the self-serving testimony of P. W. 3, there is no corroboration of evidence to the fact of abduction as well for committing rape by accused 1. There are lot of contradictions and omissions, which goes to the root of the case. All these facts clearly establish that the accused has been falsely implicated. That apart, after the raid by the karnataka Police, they have not recorded any statements of the girls, who were rescued at Bombay, which also goes to the root of the case. Therefore, submits that at any cast, the testimony of P. W. 3 cannot be relied and acted upon. Therefore, prayed to allow the appeal by setting aside the conviction and sentence passed by the learned III Additional sessions Judge.