AKBAR AND 3 ORS. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These four appeals are filed against the judgment of trial court date 23.3.94, whereby accused-appellants Akbar, Pappu, Sarafat and Yasin are convicted for the offence under Sec. 366 read with 120-B Penal Code and sentenced each of them to undergo 10 years' R.I. and also pay fine of Rs. 500.00. Accused Akbar has also been convicted for the offence under Sec. 376 Penal Code and sentenced to undergo Life Imprisonment and a fine of Rs. 1000.00. The sentences of Akbar are ordered to run concurrently.

(2.) The prosecution case is that one Badri Prasad Dube lodged a report in police station Dadabari on 17.10.92, wherein it was alleged that his daughter Ku. Rinesh Dube, aged 16-17 years went to Modi College, Dadabari on 16.10.92 in the morning and she did not return from the college on that day. It is further alleged that when she was studying in Govt. Girls School Rampura she used to travel in tempo No. RJ-20/411 and 313, whose driver and conductor were Akbar and Bhaiyan. Ku. Rinesh used to complain to complainant about obscene acts of these persons. But the matter was not reported to the police on account of fear of reputation. The complainant suspected Akbar and Bhaiyan about abduction of Rinesh. On that report the FIR has been chalked out and the case was registered for the offences under sections 363 and 366 IPC.

(3.) During the course of investigation Ku. Rinesh Dube was recovered. She was medically examined. As per medical report her age was found about 15-16 years and her hymen was also found torn. The accused-appellants were also arrested. After completing investigation the challan has been filed against six persons. The case was committed to the court of Sessions.