MOTI LAL Vs. STATE OF HARYANA

JUDGEMENT

(1.) Appellants have preferred the instant appeal against judgment dtd. 5/2/2020, passed by learned Additional Sessions Judge, Bhiwani, vide which respondents No.2 to 4 have been acquitted.

(2.) Factual scenario, as unfurled by prosecution is that on 14. 11.2018, a complaint was given to the police by complainant/ prosecutrix 's father with the allegations that on 12/11/2018, at about 9.00 am, his daughter, i.e., prosecutrix "D " had gone to her college but she had not returned home since then. He had tried to trace her but she could not be found. On the basis of the above-mentioned complaint Ex.PW4/A of the complainant/ father of prosecutrix "D ", formal FIR Ex.PW4/B under Sec. 346 IPC was registered by police. On 14/11/2018, rough site plan Ex.PW12/A was prepared at the house of complainant, from where the prosecutrix had left for college. During investigation, on 20/11/2018, prosecutrix was produced by her father in the police station and recovery memo Ex.PW11/A was prepared and the prosecutrix was produced before the Magistrate for recording her statement under Sec. 164 of Cr.P.C and statement of prosecutrix under Sec. 164 of Cr.P.C. Ex.PW9/A, was recorded by the learned Magistrate. In the statement recorded under Sec. 164 Cr.P.C., prosecutrix stated that on 12/11/2018 at about 9.00 am, she had gone to her college where Ajay met her and he took her to Sangam Hotel and committed rape upon her and also threatened her with dire consequences. On that day in the evening, Rajat met her and he took her to Devsar road and committed rape upon her. Prior to that, on 13/6/2017, Himanshu and Rajat had committed rape upon her. On 17/6/2017, Chhotu and Rajat had committed rape upon her. On 19/6/2017, Parshant and Rajat had committed rape with her. After that, Arjun and Anmol met her at Krishna Colony and at unknown place in said locality, Arjun, Anmol, Jony, Sunny and three other persons had committed rape upon her. After that, Arjun and Anmol kept her confined in a room for 4-5 days. On finding an opportunity, she escaped from that place. Arjun and Anmol threatened her that if she would disclose about the incident to anyone, they would kill her. On the basis of that statement, Sec. 346 IPC was deleted and Ss. 323/376D/376/342/365/195A/506 IPC were added. On that day, the prosecutrix was medico-legally examined at General Hospital, Bhiwani. Three sealed parcels of clothes (underwear and jeans), pubic hair and two cotton wool vaginal swabs alongwith forwarding letter and sample seal, handed over by the Medical Officer after examination, were taken into possession vide memo Ex.PW12/D. After that, custody of prosecutrix was handed over to her parents vide memo Ex.PW12/F. On 21/11/2018, CCTV footage of Sangam Hotel Ex.PW8/A, I.D. proofs of prosecutrix (Aadhar card) Ex.PW8/B and accused Ajay Ex.PW8/C and copy of entry register of Sangam Hotel Ex.PW8/D were obtained and same were taken in police possession vide memo Ex.PW8/E. Rough site plan Ex.PW12/G of room No.1 of Sangam Hotel, Bhiwani was prepared, where accused Ajay had committed rape upon her. After that, another rough site plan Ex.PW12/H of last room of house of Kamla Devi was prepared where accused Arjun and Amit had committed rape upon her. Thereafter, other rough site plan Ex.PW12/J of secluded place on Bhiwani-Loharu Road near Devsar was prepared where accused Rajat had committed rape upon her. On the same day, i.e., on 21/11/2018, accused Ajay was arrested. Disclosure statement Ex.PW12/K was suffered by him regarding his involvement in the commission of crime. Thereafter, pursuant to disclosure statement of the accused demarcation Ex.PW12/L (place of rape of the prosecutrix) and Ex.PW12/M (place of droping of prosecutrix at Dadri gate) were prepared, on pointing out by the accused Ajay. On the same day, i.e. on 21/11/2018, accused Arjun was arrested. Disclosure statement Ex.PW12/N was suffered by him regarding his involvement in the commission of crime. Thereafter, pursuant to disclosure statement of the accused, memo of demarcation Ex.PW12/P (place of rape of the prosecutrix) was prepared, on pointing out by accused Arjun. On that very day, accused Arjun and Ajay were got medico-legally examined at General Hospital, Bhiwani. Three-Three sealed parcels of underwear, two cotton wool swabs, blood samples and pubic hair along with forwarding letter and sample seal, handed over by the Medical Officer after examination, were taken into possession vide memo Ex.PW12/Q and Ex.PW12/R respectively. On 22/11/2018, pursuant to disclosure statement of the accused Arjun, memo of demarcation Ex.PW12/S (place of Krishna Colony, Bhiwani) and Ex.PW12/T (from where he took prosecutrix on motorcycle) were prepared, on pointing out by accused Arjun. On 23/11/2018, juvenile in conflict with law "A " was arrested. Disclosure statement Ex.PW12/U was suffered by him regarding his involvement in the commission of crime. In pursuance of statement, motorcycle bearing registration No.HR86-4237, which was used in the crime, was recovered from the house of his aunt and was taken in police possession vide recovery memo Ex.PW12/V and rough site plan Ex.PW12/W of place of recovery of motorcycle was prepared. Thereafter, pursuant to disclosure statement of the juvenile in conflict with law "A " , memo of demarcation Ex.PW12/X (place of rape) and Ex.PW12/Y (place of occurrence where he took prosecutrix on motorcycle) were prepared. On that day, accused Saurabh @ Jony was also arrested. Disclosure statement Ex.PW12/Z was suffered by him regarding his involvement in the commission of crime. Thereafter, pursuant to disclosure statement of the accused, memo of demarcation Ex.PW12/AA was prepared, on pointing out by accused Saurabh @ Jony. On that very day, juvenile in conflict with law "A " and accused Saurabh @ Jony were got medico-legally examined at General Hospital, Bhiwani. Four-Four sealed parcels of underwear, one cotton wool wet swab, one cotton wool dry swab blood, samples and pubic hair along with forwarding letter and sample seal, handed over by the Medical Officer after examination, were taken into possession vide memo Ex.PW12/AB and Ex.PW12/AC respectively. As per investigation as well as call details and mobile locations, Rajat, Parshant, Himanshu, Sunny, Bobby @ Amarjeet were found innocent and Sec. 195A IPC was deleted. On 29/11/2018, the sealed parcels of case property pertaining to the prosecutrix and accused persons Ajay, Arjun and Saurabh as well as juvenile in conflict with law "A " vide RC No. 1252 were sent to Regional Forensic Science Laboratory, Sunaria, Rohtak through Umesh, Constable for chemical analyis. Statements of the witnesses under Sec. 161 Cr.P.C were recorded. After the completion of investigation, final report under Sec. 173 Cr.P.C was prepared against the accused persons, namely, Ajay, Arjun and Saurabh and was presented in the court, for trial.

(3.) After finding a prima facie case against the accused, they were charge-sheeted for the offences punishable under Ss. 365, 376, 342, 376(d) IPC and 506 IPC, to which they pleaded not guilty and claimed trial.