Law:

Section:

Penal Code (XLV of 1860)--- ----Ss. 365-B & 376---Kidnapping, abducting or inducing woman to compel for marriage etc., rape---Reappraisal of evidence---Complainant alleged that his daughter (victim) left the house to go to a madrassah (religious school) for studies, and on the way the accused persons picked her up and took her to another village to rape her---Father of the victim/complainant neither in the FIR nor before the Trial Court stated that he went to the madrassah to inquire as to where his daughter was and why she had not returned to her home---Such conduct of the complainant seemed quite unnatural---Story put forth by the complainant in the FIR and before the Trial Court seemed improbable because as per his own case, there were two villages, and crops and canal banks situated in between his home and place of occurrence---In such circumstances, it did not appeal to mind as to how the complainant reached at the exact place of occurrence in a short period of time when the accused persons were allegedly committing zina with the victim---Victim admitted before the Trial Court that the street from where she was abducted by the accused persons was a thoroughfare, and that in between place of abduction and place where rape was committed, there were two villages and some populated area---In such circumstances, the story of victim's abduction on a motorcycle did not appeal to common sense, particularly when she herself stated before the Trial Court that she raised hue and cry at the time of her abduction---Moreover statement of victim before the Trial Court was replete with improvements/contradictions---Probable time of rape as mentioned in medical report of victim did not coincide with the time of occurrence as alleged by the victim---Shalwar of the victim which she was wearing at the time of occurrence was neither produced before the investigating agency nor before the doctor and the doctor had not given any opinion about the same having any stain of blood or semen---Prosecution had failed to prove its case against the accused persons beyond reasonable doubt---Accused persons were acquitted in circumstances---Appeal was allowed accordingly. THIS JUDGMENT…

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