Law: Penal Code (XLV of 1860)

Section: 365-b,376(II),34

(a) Penal Code (XLV of 1860)--- ----Ss. 365-B, 376(ii) & 34---Kidnapping, abducting or inducing woman to compel for marriage, rape, common intention---Appreciation of evidence---Benefit of doubt---Contradictions in the statements of witnesses---Effect---Prosecution case was that the accused persons in furtherance of common intention kidnapped the daughter of complainant and raped her---First Information Report showed the allegation of committing rape against two persons and the place of commission of offence was specified as bushes in an open plot---However, during course of trial, the prosecution witnesses, including the victim, changed the numbers of accused persons and the place of incident---Investigating Officer deposed that the victim in her statement recorded under S. 161, Cr.P.C., disclosed that 8/9 culprits committed gang rape with her and she could identify them---Victim of the incident remained changing her stances, which would be fatal for prosecution because both were integral parts of the offence---Victim had lost her credibility and was not worth believing for holding conviction on a capital charge---Victim had admitted that accused/appellant and acquitted accused were already known to her mother as they were residents of her locality---Mother of the victim/witness stated that accused/appellants were previously known/seen by her children so also the victim---Victim deposed that all the four accused persons were properly seen by her and she disclosed their names---After committing rape accused persons threatened her not to disclose about incident to any one and left her---Record showed that the victim knew the culprits who were residents of her mohalla, she herself named the culprits, got prepared sketches of culprits , pointed out place of incident---Investigating Officer arrested the accused with help of sketches then there had never been any need of identification parade---Circumstances established that the prosecution had not succeeded in proving the charge against the accused/appellant beyond reasonable doubt--- Appeal was allowed and accused were acquitted by setting aside conviction and sentences recorded by the Trial Court. 2000 PCr.LJ…

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