SUNIL ALIAS BHIYAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This appeal has been preferred against judgment dated 23.3.94 passed by the Special Judge, SC & ST (Prevention of Atrocities cases), Kota, whereby he convicted the appellant for offence under Sec. 366/120-B Indian Penal Code and sentenced him to undergo 10 years' rigorous imprisonment and fine of Rs. 500.00 in default of payment of fine, to further undergo one month's RI.

(2.) Briefly, the relevant facts are that on 16.10.92 the appellant alongwith co-accused Akbar, Yasin, Pappu & Sharafat entered into a criminal conspiracy and in furtherance thereof, he alongwith co-accused persons and one Mustafa abducted prosecutrix Kumari Rinesh Dubey aged about 16-17 years from Modi College Kota with intent that she may be compelled or forced or seduced to illicit intercourse, and took her in a tempo to Chhawni and Kotdi. Thereafter she was taken to Dadabari. Appellant Bhaiyan alongwith co-accused Pappu went on "Bullet" motor cycle and came back with the principal accused Akbar. Prosecutrix Rinesh was then offered a betel leaf. Thereafter she was taken near Dadadevi temple, where co-accused Akbar, Pappu and Bhaiyan joined them. It is alleged that accused threatened the prosecutrix by showing 'Rampuri' knife that in case she refused to accompany them then her whole family shall be ruined. Appellant Bhaiyan alongwith co-accused Pappu took her on a motor cycle to his housp situated in Nayapura Kota, where she was again threatened and intimidated that her obscene photographs shall be published and she was forced to put on a 'burka' and was then taken to the bus stand. The appellant and principal accused Akbar then took her into a bus to Jaipur, where they stayed in the house of Nanhey Khan, a relative of co-accused Pappu, from where they took her to Agra. In Agra they stayed in the house of co-accused Pappu. It is alleged that in the night, accused Akbar raped the prosecutrix on the roof of that house. Appellant Bhaiyan stayed there for 2-3 days. On 20.12.92 Akbar took the prosecutrix to Noratta, where the police apprehended accused Akbar and recovered the prosecutrix.

(3.) A case was registered on the report of Badri Prasad, the father of the prosecutrix at police station Dadabari Kota. After completion of investigation, challan was filed against the accused appellant and five other co-accused. The learned Special Judge, after trial, by his impugned judgment convicted co-accused Akbar for offence under Sec. 376, Indian Penal Code and sentenced him to life imprisonment and fine of Rs. 1,000.00. Co-accused Nanhey Khan was convicted for offence Under section 368, Indian Penal Code and sentenced to RI for ten years with a fine of Rs. 500.00. Appellant Sunil alias Bhaiyan and co-accused Pappu, Yasin and Sharafat were found guilty for offences under Sec. 366 read with S. 120-B Indian Penal Code and each one of them was sentenced to ten years' RI and fine of Rs. 500.00. Hence this appeal.