MANJEET KAUR Vs. THE STATE (NCT OF DELHI)

JUDGEMENT

(1.) Both the above appeals are disposed of together as they arise out of a common judgment.

(2.) The appellants - Manjeet Kaur and Veermati impugn a judgment dated 24.04.2004 of learned Addl. Sessions Judge in Sessions Case No. 94/97 arising out of FIR No. 202/94 PS Janakpuri by which the appellant - Manjeet Kaur was held guilty for committing offences punishable under Sections 366, 109 Penal Code read with Sec. 376 IPC, 342 and 120B Penal Code read with Sec. 211 Penal Code and the appellant - Veermati was held guilty for committing offence punishable under Sec. 120B Penal Code read with Section 211 IPC. By an order dated 15.05.2004, they were awarded various prison terms with fine.

(3.) Briefly stated, the prosecution case as reflected in the charge -sheet was that on the night intervening 19/20.04.1994 one Dinesh Dubey arrested in case FIR No. 201/94 of Police Station Janakpuri made a disclosure statement informing that he and his friends had a land dispute with Chander Pradhan and wanted him to be implicated in a false case. Accordingly, they all hatched a conspiracy to involve Chander Pradhan in a rape case. On 10.04.1994, the victim 'P' (changed name) was abducted by the appellants and was raped by Dinesh Dubey. She was compelled to lodge false complaint under Sec. 376 Penal Code against Chander Pradhan. Subsequently, the victim was recovered from Bindapur Extension where she was in the captivity of the appellant - Manjeet Kaur. She recorded her statement ; she was medically examined. Statements of the witnesses conversant with the facts were recorded. The prosecution arrested Dinesh Dubey (since expired), Abdul Aziz Mirza, Shanta Bhandari, Surjeet Singh, Vijender Singh and Bharat Bhushan besides the appellants. Statements of the witnesses conversant with the facts were recorded. Upon completion of the investigation, a charge -sheet was filed against all of them in the Court. In order to establish its case, the prosecution examined seventeen witnesses. In 313 Crimial P.C. statements, the accuse persons denied their involvement in the crime and pleaded false implication. Since Dinesh Dubey had expired during trial, the proceedings against him stood 'abated'. After considering the rival contentions of the parties and on appreciation of the evidence, the Trial Court, by the impugned judgment, acquitted Abdul Aziz Mirza, Surjeet Singh, Vijender Singh and Bharat Bhushan of all the charges. It is relevant to note that State did not challenge their acquittal. Shanta Bhandari and Veermati (the appellant) were convicted under Sec. 120B Penal Code read with Sec. 211 Penal Code only. It is unclear if the said conviction has been challenged by Shanta Bhandari. Being aggrieved and dissatisfied, the appellants have filed the instant appeals.