STATE OF M.P. Vs. HUSSAIN

JUDGEMENT

(1.) The prosecution has challenged the acquittal of the respondents from the charge under Sections 363, 366, 109 read with Section 376(2)(N) in alternate Section 376(1), 342 and 506 Part-II of the IPC.

(2.) The prosecutrix has made allegations that her real sister-Vandana forcibly took her with her with the help of two accused persons, namely, Kalu and Gopal. They went Manasa where Kalu and Vandana tied her hands and legs and Kalu raped her in a waiting room of Bus Stand of Manasa. Thereafter, Vandana called another accused-Mohan Thakur. They both took her to Mandsaur, they kept her in Mandsaur in a room for next about five months, where according to the prosecutrix several accused persons visited and raped her on many occasions. One fine day, co-accused Hussain forget to lock the room and taking advantage of this opportunity, she fled away and reached her house, revealed the incident before her father and lodged the report.

(3.) The Trial Court observed that even after having several opportunities the prosecutrix never made any hue and cry, never revealed her ordeal before anyone and never tried to seek help when she was in a position to do so, therefore, she was a consenting party. Absence of any supporting medical evidence also led the Trial Court to observe consent of the prosecutrix.