RAJ KUMAR Vs. STATE OF M.P.

JUDGEMENT

(1.) AFTER a perusal of the record, it is clear that the charges levelled against the present appellant Rajkumar stand fully proved from the evidence adduced on behalf of the prosecution in the case. Both the girls Rukhsana (P.W.12) and Madhu (P.W.14), who had been kidnapped or abducted by the appellants Rajkumar, were minor at the time of the incident, stands fully proved from the evidence on record and as has also been held by the trial Court in paras 8 and 9 of the judgment. There is no need to hold otherwise in this regard that the girls were minor at the time of the incident.

(2.) FROM the version of Rukhsana (P.W.12), it is dear that she, along with Madhu, had gone to the bus stand at Ambikapur, where they had met with the accused Rajkumar (witness had identified the accused Rajkumar), and that the accused had told her to go with him to Sukhri Sapna village, but she had refused and, then the accused had made her smell something and, then, he had taken her and also Madhu along with him. From the version of Rukhsana, it appears that, before reaching Sukhri Sapna village, the accused had committed the wrong act (meaning thereby sexual intercourse) with her under a tree at about 12.00 in the night and, then, the accused had taken her to his house and had kept them with his wife. From the version of Rukhsana, it also appears that Madhu had told the wife of the accused that the accused had committed the wrong act with Rukhsana and also that they had been forcefully brought by the accused and, then, the wife of the accused had informed the police and when the police had come, they had told the police that the accused had committed the wrong act with Rukhsana, due to which she had suffered pain. The version of Rukhsana (P.W. 12) is fully supported by the version of Madhu (P.W.14). The version of Rukhsana (P.W.12) about the sexual intercourse having been committed with her, also stands corroborated by the version of Dr. (Smt.) S. P. Jaiswal (P. W.7),who had examined Rukhsana on 11.1.1988, a nor she and Madhu had been recovered from the house of the accused Rajkumar.

(3.) BADRUNNISA (P.W.l) is the mother of the minor girl Rukhsana and from her version also, it is clear that her daughter Rukhsana had disappeared from the house and she was missing about nine days and that, she had lodged the report at the Thana and that, at the time of the incident, her daughter was aged about 11 years.