RAKSHIT KHOSLA Vs. STATE

JUDGEMENT

(1.) This judgment will dispose of Crirninal Appeal No. 219 of 1967 and Criminal Revision No. 205 of 1968, which have arisen out of the same case and are directed against the same judgment of the learned Additional Sessions Judge. By that judgment, the learned Additional Sessions Judge had convicted Rakshit Khosia for various offences and had acquitted Naresh Satia, Ashok Chaddah and Madan Mohan Chopra. The prosecution case was as follows

(2.) Kumari Neerja Public Witness 19 is the daughter of Shri Onkar Singh P.W. 6 and Smt. Shanti Devi Public Witness 21, who were residing at D-1/2 Hauz Khas Enclave, New Delhi. Kumari Neerja was born on the 6th November 1949. In March 1966, she was appearing in the Matriculation Examination, from a private college, known as Prakash College, Delhi. On the 17th March 1966, at about 10 A.M., she, accompanied by Smt. Wasdevi Public Witness 16. Onkar Singh's sister, had gone to Prakash College. Wasdevi had come back, leaving Kumari Neerja at the College. Kumari Neerja had learnt, at the college, that the class would be taken after some time. She had thought that it would be better if she would return to her house for studying instead of wasting time at the college. On her way back to her house, she was pasing in front of house No. D-18, Green Park, New Delhi. Rakshit Khosla, who was standing at the top floor of the house, had signalled to Kumari Neerja, to come up. Kumari Neerja, who had been introduced to Rakshit Khosla, by a common girl friend, Ravinder Chaddah, had thought that Rakshit Khosia wanted to make enquiries about Ravinder Chaddah. She had gone to the top floor under that impression. Besides Rakshit Khosla, there was also Naresh Satia at the top floor. Rakshit Khosla had pushed Kumari Neerja inside the room and had closed the door. He had threatened Kumari Neerja that if she were to make any noise, she would be killed. Rakshit Khosla had compelled Kumari Neerja to take off her clothes. Kumari Neerja had, then, been subjected to sexual intercourse, against her will, first by Rakshit Khosla, and then by Naresh Satia. After that Kumari Neerja was made to take a liquid. She had felt giddy after taking the liquid. She was detained in the room till the evening. Ashok Chaddah, and one other person by the name of Kohli, had come in the evening. Rakshit Khosla had some talk with Ashok Chaddah. After that, Rakshit Khosla had brought Kumari Neerja downstairs and had made her sit in the car of Ashok Chaddah. The car was driven to the New Delhi Railway Station. Kumari Neerja was made to get down from the car and was left at the Railway Station. Ashok Chaddah had given Rs. 5.00 to Kumari Neerja who had kept standing at the Railway Station for 45 minutes, not knowing what to do. Rakshit Khosla, Ashok Chaddah and Madan Mohan Chopra had come at the Railway Station in two cars. Rakshit Khosla had made Kumari Neerja sit in the car of Madan Mohan Chopra, telling her that she would be left at her house. Rakshit Khosla, Naresh Satia and Ashok Chaddah were in the onur car. Madan Mohan Chopra had tried to hold the hand of Kumari Neerja and draw her nearer. Both the cars were being driven hither and thither aimlessly. Near Safdarjang Hospital, Rakshit Khosia and Naresh Satia had come into the car in which Kumari Neerja was. That car was driven to Defence Colony. Kumari Neerja was made to get down from the car and was left there. She had walked a few steps and had then sat behind bushes. She had spent the entire night there. On the morning of the 18th March, Kumari Neerja had gone to the New Delhi Railway Station in a scooter rickshaw. She had purchased a platform ticket and had gone to the platform. A train was standing at the platform. Kumari Neerja had boarded that train. The train had reached Amritsar at about 7.00 P.M. Kumari Neerja was checked at Amritsar Railway Station by Mrs. Laxmi Bai, Public Witness 3, Ladies Ticket Collector. Kumari Neerja had no ticket. On enquiries by the Ladies Ticket Collector, Kumari Neerja had begun to weep. Many passengers had collected there. To avoid embarrassment, Mrs. Laxmi Bai had taken Kumari Neerja to her office. Shri C. S. Pal Public Witness 15 Ticket Examiner, had come there. To his query, Kumari Neerja had said that she wanted to go to her girl friend. Raj Sharma, whose maternal grandfather Dr. Charan Das Public Witness 7, was a doctor in the Mental Hospital, Amritsar. Dr. Charan Das could not be contacted at that time as it was raining heavily and the telephones were out of order. Kumari Neerja remained in the car of Mrs. Laxmi Bai Public Witness 3, and after she had left the office, in the care of Smt. Basanti Public Witness 2, the Aya of the Ladies waiting Room, Amritsar. On the morning of the 19th March, C.S. Pal Public Witness 15, had gone to inform Dr. Charan Das about Kumari Neerja. Dr. Charan Das, his wife and his grand-daughter. Raj Sharma, had come to the Railway Station and had taken Kumari Neerja to their house. Kumari Neerja had not told anything but had wept when enquiries were made from her. Dr. Charan Das had sent the telegram. Exhibit, P.E., to Onkar Singh Public Witness 6, father of Kumari Neerja, that he should take Kumari Neerja. On receipt of the telegram, Onkar Singh had sent his wife Smt. Shanti Devi Public Witness 21 and his brother-in-law Paras Ram, to Amritsar. They had reached there on the 20th March and had brought Kumari Neerja to New Delhi on the evening of the 21st March.

(3.) As Kumari Neerja had not returned home on the 17th March, Onkar Singh Public Witness 6 had lodged the report Exhibit P.D. at the police station Hauz Khas. He had stated, in the report, that Kumari Neerja had not returned from school and that search for her had proved fruitless. It was, further, stated that Rakshit Khosla had kidnapped her by holding out some blandishment. The report went on to say that Onkar Singh had seen Rakshit Khosia near his house on many occasions and had seen him once talking to Kumari Neerja. On the basis of the report. Exhibit P.D., the police had registered the F.I.R. Exhibit P.D./1. Rakshit Khosia, Naresh Satia and Madan Mohan Chopra were arrested on the 19th March. Kumari Neerja had been brought from Arnritsar by Smt. Shanti Devi and her brother on the 21st March. She was produced before the police on the 22nd March. The pohce had got her medically examined by Dr. (Mrs.) Avinash Kaur Public Witness 9. The doctor was of the view that Kumari Neerja had been subjected to sexual intercourse. The lady doctor had referred Kumari Neerja to Dr. B. B. Kathuria, P.W. 1, Radiologist, for the radiological assessment of the age. The doctor was of the view that Kumari Neerja was more than 18 years of age. The birth entry Exhibit P.G., the entry in the admission forms Exhibit P.S. and Exhibit P.J. and the school leaving certificate Exhibit P.K., gave the date of birth of Kumari Neerja as 6th November 1949. According to these entries, Kumari Neerja was 16 years and 4 months old on the date of occurrence, namely the 17th March, 1966. Kumari Neerja had pointed out to the police the Barsati of D-18, Green Park, where she had been subjected to sexual intercourse, by Rakshit Khosla and Naresh Satia. On the 23rd March, the statement of Kumari Neerja, under section 164, Code of Criminal Procedure, was recorded. Naresh Satia and Rakshit Khosla were examined and were declared capable of performing sexual intercourse respectively, by Dr. S. S. Kaushal Public Witness 12 and Dr. R. K. Jareth Public Witness 13.