RAJBIR SINGH ALIAS RAJU Vs. STATE

JUDGEMENT

(1.) Since these two appeals arise out of the same judgement dated 9th December, 1989 passed by Shri R.C Jain, Additional Sessions Judge, Delhi, the same are being disposed of by this common judgment.

(2.) Briefly stated the facts of the case are that one Km. Rani who was about 12 years old at the relevant time and was residing with her parents at House No.37, Raghubir Nagar, Delhi, was found missing at about 12.00 noon on 31st March, 1987. When she could not be traced, a report was lodged at Police Station Rajouri Garden. After about 7 days, Km. Rani reached her native place Sitamarhi in Bihar and after her parents were informed, her mother went there and brought her to Delhi on 7th May, 1987.

(3.) After reaching Delhi, Km. Rani disclosed to the police that about one month ago she had gone to public bathroom to wash clothes when accused Rekha @ Rani met her and asked her to accompany her and after walking 2/3 yards, accused Rajbir Singh @ Raju also met and tied a piece of cloth on her eyes. When Km. Rani raised noise accused Raju threatened her on the point of knife and thereafter took her to his house by holding her with her arm. On reaching the jhuggi, accused Raju and Shiv Dass @ Pappu committed rape upon her on that night and Raju again threatened her that night with knife. They again committed rape on her twice on the following night. On the next day they took her to some other place like a celler and kept her there for two days and they again committed rape on her. After that all the three accused gave a sum of Rs. 10.00 to her and made her to board a train. She reached Patna by train and from there she went to lier native place Sitamarhi, Bihar. After 7 days, her mother reached there and after staying for one month at;Sitamarhi .she returned to Delhi. Accordingly, the case was got registered against the three accused, namely Rajbir Singh @ Raju, Shiv Das and Rekha @ Rani. Kumari Rani was medically examined and her statement under Section 164 Criminal Procedure Code . was got recorded. All the three accused were arrested and after usual investigation a Challan was submitted against the accused.