ARUN MALHOTRA Vs. STATE OF HARYANA

JUDGEMENT

(1.) VIDE its impugned judgment dated 12.10.1985 learned trial court convicted Arun Malhotra and G. A. Ayuk the two accused appellants in, their individual Crl. Appeal Nos. 494-SB of 1985 and 495-SB of 1985 respectively of the commission of offences under Sections 366/34 and 76 of the Indian Penal Code for their having abducted prosecutrix Anita Sharma from Bus Stand, Karnal, around 7.30 p.m. in 28th July, 1984 and ravished her; one after the other, inside the house of Gabriel Ajong Ayuk, situated on the first floor of Khoti No. 547-R, Model Town, Karnal, and sentenced each one of them individually to undergo rigorous imprisonment for a period of five years for his conviction under Section 366/34 of the Indian Penal Code and to rigorous imprisonment for a period of ten years each for the conviction under Section 376 of the Indian Penal Code. Both the substantive sentences of imprisonment awarded separately to each one of the two convicted accused were, however, ordered to an concurrently. Feeling aggrieved therefrom each one of the two convicted accused has come up in appeal to this Court.

(2.) I have heard Shri R. S. Ghai, Sr. Advocate, with Mr. Vinod Ghai, Advocate for the Appellant, Mr. Arun Malhotra Shri P. S. Mann, Sr. Advocate, with Mr. Harinder Singh Advocate, for his co-accused Gobriel Ajong Ayuk, Shri R. N. Lohan Advocate for the State assisted by Shri S. S. Teji Advocate for the complainant and have gone through the relevant record.

(3.) BESIDES the admission aforesaid made in the course of her cross examination as P.W. 7 prosecutrix Anita Sharma also filed in this Court Criminal-Misc. No. 7868 of 1988 on 4th November, 1988 exonerating the two accused of all blemish and asserting that she was in turn coaxed and pressurised by the police at Karnal to make the original and supplementary statement against them two on 29th July, 1984. The prosecutrix is 21 years of age and, therefore, sui juris. For want of injuries on her person indicating struggle during rape, sexual intercourse allegedly enjoyed by the two accused with her is to be regarded to have been made with her consent.