BIMLA Vs. STATE

JUDGEMENT

(1.) These are two rules obtained by two convicted persons against the orders of conviction and sentence passed by the Additional Sessions Judge, Gurgaon, on the 21st July, 1955. They were sentenced by the trial Court to three years' rigorous imprisonment under section 366, Indian Penal Code, and ordered to pay a fine of Rs. 200 each. In the case of Abdul Aziz the sentence was confirmed while in the case of Mst. Bimla it was reduced to one year's rigorous imprisonment and the fine was remitted.

(2.) The facts of the case as given by the prosecution are that Mst. Bimla and Mst. Sohna are neighbors and on the date of the occurrence Mst. Bimla came to the house of Mst Sohna the abducted girl and asked her to go out with her and she did so. Mst. Bimla and Mst. Sohna are alleged to have gone to the railway station in order to receive Mst. Bimla's sister who was supposed to be coming by train from Meerut. The sister did not come but Mst. Sohna was placed into the train by a trick and the two accused persons Abdul Aziz and Umar Din both got into that train. The statement of Mst. Sohna also shows that Abdul Aziz and Umar Din were known to Mst. Bimla and they were talking to each other at a place away from her. The girl was taken towards Delhi and when she wanted to get down at Shahdra she was induced by both Abdul Aziz and Umar Din to stay on and they promised that they would bring her back by bus to Ghaziabad, and at Delhi Bus Stand instead of taking her to Ghaziabad they took her to Mehrauli where she stayed at the house of one Taqqi who was also arrested for an offence under section 368 of the Indian Penal Code but was discharged. There rape was committed on her both by Umar Din as well as Abdul Aziz. She was then taken to the Mewat where she wa made to change her Hindu dress into a slawar and a burqa (veil) was put on her.

(3.) On the 18th October, 1953 she was walking on a kacha road along with Abdul Aziz and Umar Din when the police patrol becoming suspicious arrested them. The girl was kept in police custody for about a week and was then taken away by the father on furnishing bail.