KHALID & ANOTHER Vs. STATE OF U.P.

JUDGEMENT

(1.) Challenge in these appeals is to the judgment and order dated 26.04.2011, passed by Additional District & Sessions Judge, Court No. 10, Bijnor, in Sessions Trial No. 418 of 2008 (State vs. Khalid and others), arising out of Case Crime No. 88 of 1993, under Section 376(2)(g) I.P.C., Police Station Badhapura, District Bijnor, whereby the appellants Khalid, Sajid and Ashfaq were found guilty under Section 376(2)(g) I.P.C. and sentenced to undergo 10 years' rigorous imprisonment along with fine of Rs. 5000/ - each with default stipulation.

(2.) Filtering out unnecessary details, the prosecution case in brief is that an application was moved by the informant to the S.P., Bijnor stating that her daughter is a minor. Her husband had sown wheat in the fields of Abid on agreement to get half of the wheat. The wheat crop was standing in the field. The accused Kalloo, Khalid, Ashfaq and Sajid are miscreants, characterless, dangerous type of people who also keep illegal weapons with them. Towards the north of the aforesaid field, a room of the accused persons is also situated. On 14.04.1993, the husband of the informant had gone to Ludhiyna (Punjab) and the victim had gone to the jungle to bring grass. On the same day at about 05:00 P.M., the fields in which the husband of the informant had sown wheat, pigs had entered, at which the sister - in -law (Deorani) of the informant asked the victim to drive away the pigs from the field. When the victim was taking away the pigs towards the south, seeing the victim alone, the accused persons came from that room and Kalloo pressed the mouth of the victim, Khalid took out the knife in his hand, Ashfaq and Sajid picked up the victim and took up her in the eucalyptus fields of Istkammudin which was situated to the south of the field in which the husband of the informant had sown wheat. The victim was put down on the ground, Khalid had cut the tape of her Salwar with the knife, Kalloo gagged the mouth of the victim with cloth and raped her. Ashfaq and Sajid caught her hands due to which her bangles were broken. After that Ashfaq, Khalid and Sajid also raped her one by one. When the victim did not returned home for quite some time after driving away the animals, her aunt Ameena went to the spot searching for her and she shouted at which Shami, Abdul Rahim and Abdul Hamid also reached at the spot. The accused saw the witnesses coming at which they left their sleepers and knife and fled away. When the accused were fleeing, they threatened that if any action has taken against them, they would kill everybody. Ameena and other witnesses brought the victim home in an unconscious state. When the informant returned home, Ameena and the victim narrated her the whole incident. When the victim regained the consciousness, she was being taken by the informant to the police station. The brother -in -law (Devar) of the informant was also with her on the way. They met Abdul Malik, Shahid, Ali Hussain, Abdul Shami all the relatives of the accused and Juhurul Hasan, who said that they would paint the faces black of their relatives who are accused, made them sit on donkey and whatever fine would be imposed by the Panchayat would be paid by them. Further, he said that if the witnesses and the informant could not return back then they would be dealt with more badly and their corps would be set to fire. The informant got frightened and drew back her daughter. Next day, the informant sent her brother -in -law (Devar) to fetch her husband, who came back and went to the police station to lodge the report. The police took the knife in their possession but the report was not lodged, hence the informant has moved an application before the S.P., Bijnor, then the report was lodged.

(3.) On the basis of the written report, PW -7 is Rajendra Kumar Sharma, Chowki Incharge, scribed the chik which was proved by this witness as Exhibit Ka -7. This witness further proved the copy of G.D. as Exhibit Ka -8. The witness has stated that the victim and the complainant came to the police station on 19.04.1993. She also handed over her Salwar on which she claimed stains of blood and semen and handed it over to this witness which was seized by this witness in the presence of witnesses which was sealed and the seizure memo was prepared and proved as Exhibit Ka -9. On the same day, a pair of sleepers which was said to have left by the accused was seized in the presence of the witnesses. It was wrapped in a piece of cloth and sealed. The memo was prepared. The witnesses signed the memo which was proved by this witness as Exhibit Ka -10. The witness proved the clothes as material Exhibit -1, Salwar as material Exhibit -2 and the pairs of sleepers as material Exhibit -3.