MOHD IMRAN KHAN Vs. STATE

JUDGEMENT

(1.) THESE are two criminal appeals arising out of the judgment dated 29th May, 1999 and the Order on Sentence dated 31 st May, 1999 whereby both the appellants were convicted under section 366 of IPC read with section 34 thereof and under section 376 of IPC. Both the appellants were sentenced to undergo RI for 4 years and to pay fine of Rs. 2000/- each or to undergo SI for 2 months each in default under section 366 of IPC read with section 34 thereof. They were further sentenced to undergo RI for 7 years each and to pay fine of rs. 3000/- each or to undergo SI for 3 months each in default under section 376 of IPC. The sentences were directed to run concurrently.

(2.) THE FIR in this case was lodged by deceased Prabhu Dayal, father of the prosecutrix. He alleged that he had two children one son and one daughter, the son being elder. He further stated that his daughter, who had gone to house of her friend in Noida on 24th November, 1989, informed her cousin Satish Anand on 25th November, 1989 that she would be going to Pragati Maidan to visit the exhibition being held there and that he should come there to pick her up from ahmad Food Stall, where Mohd. Imran Khan and Jamal Ahmed were working. He further alleged that when Satish Anand went to Ahmad Food Stall in Pragati maidan, neither the prosecutrix nor the appellant Mohd. Imran Khan and Jamal ahmed met him. He further alleged that he was informed that the prosecutrix was seen in the exhibition ground along with the appellants and was to come back home in evening. When she did not come back till evening he went to Pragati Maidan on 26th November, 1989 and came to know that his daughter was seen with the appellants. He also informed that in the year 1988 he had put up a stall in Pragati Maidan, in front of a shop in which the appellants were working and that his wife Devki and his daughter also used to visit the stall for helping him. He further informed that a missing report was lodged by him at PS Vinay Nagar on 27th November, 1989.

(3.) THE prosecutrix came in the witness box as PW 3 and stated that on 25. 11. 1989 she had gone to Pragati Maidan as her cousin Satish Anand had to pick her up from there. On reaching Pragati Maidan at about 1. 30 P. M. she did not find her cousin at gate No. 1 where he was supposed to meet her. She kept looking for him for about 2-3 hours, but did not find him. She further stated that she had told her brother to meet her at Ahmad Food Stall and since she did not find him at gate No. 1, she went to Ahmad Food Stall, where both the appellants met her. They were already known to her as her father had put up a stall in Pragati Maidan in the year 1988, opposite the stall of the appellant. She further stated that the appellants told her that her brother was waiting for her at the gate and took her to gate No. 3. The moment they came out they whipped out a knife and told her that in case she tried to run away and raised alarm, they would kill her. She was forcibly taken by them to ISBT, in a three wheeler scooter, and from there she was taken to Merrut by a bus. In Merrut she was taken to hotel Ajanta and both the accused raped her in room No. 101 of the hotel. In the morning she was taken to the house of their sister and from there she was brought back to Delhi to the house of elder brother of appellant Jamal. There also she was raped by both the appellants in the night. On 27th November, 1989 they locked her inside the house and went away. They returned in the evening and again committed rape on her. In the evening of 28th November, 1989 the appellant jamal Ahmed came along with elder brother and brother in law of Mohd. Imran khan and left her in their custody. They took her to Pragati Maidan and from there she was taken to a flat behind G. B. Pant Hospital where both the appellants were present. After some time the police arrived there and recovered her. Her underwear P1 was seized by the police. She was produced before a magistrate where her statement Ex. F3/a was recorded.