- (1.) Both these criminal appeals have been preferred against the common impugned judgment and order dated 8.12.2009 of the High Court of Delhi passed in Criminal Appeal Nos.311 of 1999 and 312 of 1999, by which the High Court has affirmed the conviction of the appellants under Section 376 of the Indian Penal Code, 1860 (hereinafter called 'IPC'), however, set aside their conviction under Sections 366/34 IPC and further reduced the sentence from 7 years RI to 5 years RI with a fine of Rs.10,000/- each and in default to undergo further punishment for 3 months.
(2.) Facts and circumstances giving rise to these appeals are unfolded by the statement of Shri Prabhu Dass (father of prosecutrix Monika) dated 28.11.1989 made before the Police Station, Vinay Nagar, New Delhi to the effect that his daughter Monika, aged about 15 years, studying in standard 9th in Green Field School, Safdarjung Enclave, New Delhi had left her house on 24.11.1989 for going to school. She informed through telephone that she would stay in the house of her friend Amita for the night. On 25.11.1989 at about 8.30 a.m. Monika telephoned her cousin Satish Anand that she was going to Pragati Maidan along with her school friends and asked him to reach there so that she would come back with him. Monika asked Satish Anand to meet her at Ahmed Food Restaurant, U.P. Pavilion, where Mohd. Imran Khan and Jamal Ahmed (appellants) used to work. Satish Anand went to Pragati Maidan at the pointed place, but he could neither meet Monika nor either of the appellants, but he came to know that Monika was roaming inside Pragati Maidan along with the appellants. As she did not come back till evening, the complainant Prabhu Dass went to Pragati Maidan on 26.11.1989 and on enquiry he came to know that Monika was seen roaming with the appellants. The appellants were known to Monika as Prabhu Dass, complainant was having a stall of readymade garments at shop no.11 in Anarkali Bazar, Pragati Maidan in front of the food stall where the appellants were working. Complainant's wife Devki and daughter Monika used to come to work there also. Complainant searched for his daughter at many places but could not find.
(3.) On the basis of his statement, a case under Section 363 IPC was registered and investigation ensued. It was during the investigation Monika, prosecutrix was recovered. The appellants- accused Mohd. Imran Khan and Jamal Ahmed were also arrested. Offences under Sections 366 and 376 IPC were added. Monika was examined under Section 164 of Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C.') on the basis of which the appellants- accused were arrested. After having further investigation, offences punishable under Sections 342/506 IPC were also added.;