MANOJ Vs. STATE (NCT) DELHI

JUDGEMENT

(1.) AGGRIEVED by a judgment dated 27.01.2006 in Sessions Case No.79/03 emanating from FIR No. 71/03 PS Khajoori Khas by which the appellant Manoj was held guilty for committing offence under Section 366 IPC, the instant appeal has been preferred by him. By an order dated 27.01.2006, the appellant was awarded RI for five years with fine Rs. 3,000/ -. It is significant to note that co -convict Nekh Pal @ Nek Pal was held guilty under Sections 366/376 IPC and was sentenced to undergo RI for ten years with fine Rs. 5,000/ - under Section 376 IPC. It is unclear if Nekh Pal had filed any appeal to challenge the judgment.

(2.) FACTS and circumstances giving rise to the instant case are that on 18.03.2003, Niranjan Singh lodged First Information Report at PS Khajoori Khas disclosing that her daughter "X" (assumed name) aged around fifteen years who had gone to take exam in Senior Secondary School, Khajoori Khas on 17.03.2003 had not returned. Investigation was assigned to SI Omvir Singh. Efforts were made to search "X" at various places and finally, she was found at village Karim Nagar, Distt. Hardoi, U.P. on 21.03.2003 in the company of co -convict - Nekh Pal. "X" was medically examined. Statement of the witnesses conversant with the facts were recorded. Both, Manoj and Nekh Pal were arrested; they were medically examined. After completion of investigation, a charge -sheet was submitted against both of them in the Court. The prosecution examined ten witnesses to establish their guilt. In 313 Cr.P.C. statements, the accused persons denying their complicity in the crime pleaded false implication. However, they did not examine any witness in defence. The trial resulted in their conviction as aforesaid. Being aggrieved and dissatisfied, the appellant has preferred the appeal.

(3.) I have heard the learned counsel for the parties and have examined the file. Conviction of the appellant and co -convict Nekh Pal is primarily based upon the sole testimony of "X". She deposed that she was kidnapped by Nekh Pal on 17.03.2003 and was taken to his village, where she was sexually assaulted by him. Attributing a specific role to the appellant, she deposed that the appellant had accompanied them to the village Karim Nagar. Prior to that, he had enticed her to accompany with Nekh Pal stating "Iske saath chali ja, mauj karegi". She further deposed that she was put under fear by Nekh Pal by showing a knife and was ravished. Findings of the Trial Court reveal that "X" was a consenting party throughout. The accused persons were held guilty as "X" was below sixteen years of age and her consent to accompany the accused persons or to have physical relations with Nekh Pal was inconsequential.