BAPU @ BAPUDA S/O MOHAMMED SALIM, AGED 24 YEARS, BY CASTE MUSALMAN, RESIDENT OF HUSSAINI CHOWK, BANSWARA Vs. THE STATE OF RAJASTHAN

JUDGEMENT

(1.) These criminal appeals under Sec. 374(2) Crimial P.C. have been filed by the appellants being aggrieved with the judgment dated 10.02.2014 passed by the Additional Sessions Judge, Banswara (hereinafter referred to as 'the trial court') in Sessions Case No.99/2011, whereby it has convicted the appellants for the offences punishable under Sections 363 and 366 Penal Code and sentenced them as under : <FRM>JUDGEMENT_69_LAWS(RAJ)2_2017_1.html</FRM>

(2.) Brief facts of the case are that on 12.01.2010, a written report was filed by the prosecutrix "S " along with her brother Saeed Mansuri to the Superintendent of Police, Banswara. On the said complaint, FIR No.16/2010 was registered at Police Station Kotwali, District Banswara for the offences punishable under Sections 363, 366, 376 and 120-B Penal Code against the appellants and one co-accused Pintu @ Mohd. Shafiq. In the said complaint it was alleged that on 05.12.2009 when the complainant "S " was going to her uncle's house at about 07:00 AM, the accused persons came in a auto-rickshaw and abducted her. They took her to a deserted place, where the co-accused Pintu @ Mohd. Shafiq committed rape upon her. It was also alleged in the complaint that after commission of rape, all the accused persons dropped her and co-accused Pintu @ Mohd. Shafiq at a private bus stand from where they went to Partapur and thereafter to Garhi, Sagwara and in between the way at deserted places the co-accused Pintu @ Mohd. Shafiq again committed rape upon her. Thereafter they went to Jalod, Gujarat, where also the co-accused Pintu @ Mohd. Shafiq committed rape upon her. It was further contended that the co-accused Pintu @ Mohd. Shafiq further took her to different places at Madhya Pradesh and Gujarat, where the relatives of the co-accused Pintu @ Mohd. Shafiq reached and marriage (fudkg) of her with co-accused Pintu @ Mohd. Shafiq was done. It was also alleged in the complaint that the co-accused Pintu @ Mohd. Shafiq at the instance of his mother forcibly got some papers signed by her and threatened her to inform the police that she went with the co-accused Pintu @ Mohd. Shafiq as per her own will. Several other allegations have been levelled in the FIR.

(3.) Finally the prosecutrix "S " was traced by the police on 05.01.2010 and handed over to her parents. It is mentioned in the FIR that as she was under threat and trauma, the FIR has been filed belatedly.