RAFIQ Vs. STATE OF HARYANA

JUDGEMENT

(1.) This judgment of mine shall dispose of two connected appeals No.1365-SB of 2002 and 1218-SB of 2002, having arisen out of the same judgment and as such are decided together.

(2.) Two minor girls namely Usha and Rehana were kidnapped by the accused-appellants Rafiq and Farid (herein referred as 'the accused') on 11.6.2000 from Rahul Colony, within the jurisdiction of Police Station, NIT, Faridabad, raped and ultimately were recovered in their company by the fathers of the prosecutrixes on 13.6.2000 respectively. As such the accused were prosecuted for the offence under Sections 363/366/376 IPC. Accused- appellant Masook Ali, who had concealed the prosecutrixes along with the accused in his house, knowing fully well that they were abducted and to be raped was also charged under Sections 368/216 IPC. Ultimately, on trial, the learned Additional Sessions Judge, Faridabad, vide judgment dated 3/5.6.2002 convicted and sentenced all the three accused as under :- Masook Ali U/s 368 IPC : To undergo rigorous imprisonment for five years and to pay fine of Rs.2000/- Rafiq and Farid U/s 363 IPC : To undergo rigorous imprisonment for five years and to pay fine of Rs.2000/- each. U/s 366 IPC : To undergo rigorous imprisonment for seven years and to pay fine of Rs.3000/- each. U/s 376 IPC : To undergo rigorous imprisonment for ten years and to pay fine of Rs.5000/- each.

(3.) The brief resume of facts is that after Usha went missing on 11.6.2000, Devi Singh, her father (complainant), while searching her met SI Dharam Pal on 12.6.2000 and got recorded his statement that on 11.6.2000, at about 6/7 p.m. when he returned to his house, after doing his days' job, he found Usha, his 12 years old daughter, a student of 5th class missing from the house. On enquiry from his wife Krishna, she disclosed that at about 4.00 p.m. Rehana had taken her to her house for bringing some photographs. The complainant went to Rehana's house where her parents were not there, but Rehana's elder sister namely Afsana could not disclose the whereabouts of Rehana. The complainant further disclosed that on further enquiry, he came to know that the accused Farid and Rafiq, who were living as a tenant in the house of Dharam Singh were also missing from their houses, therefore, he suspected their implication in alluring the girls and taking them away for illegal purpose. During investigation, both Rehana and Usha were recovered from the company of the accused Farid and Rafiq at Plat Form No.13 of old Delhi Railway Station. Statement of both the prosecutrixes were recorded. In their statements they also disclosed that Masook Ali had given them shelter, knowing that they would be raped and prevented the accused from taking them to their houses, therefore, he was also arrayed as an accused. Both, Usha and Rehana, were got medico- legally examined. Statements of the witnesses were recorded. On completion of the investigation all the three accused were challaned. Finding a prima facie case against the accused, they were charged for the aforesaid offences, to which they pleaded not guilty and claimed trial.