N.C. Sharma, J. - (1.) DILSHAD and Aslam have, by the judgment of the Addl. Sessions Judge, Jaipur dated December 23, 1981, been acquitted of the charges Under Sections 366 and 368, IPC in relation to Dilshad, and Under Sections 366 and 376, IPC in relation to Aslam.
(2.) THE victim of the alleged abduction and rape was Kumari Santosh daughter of Tehlaram (PW/12), resident of Alavada, tehsil Rajgarh, District Alwar. She was virgin fairly built and well nourished lady aged about 20 years but below 24 years Jai Prakash (PW/8) was resident of Tuglak Bag Extensions, Block No. RZ, House No. 63A, Delhi. Kumari Santosh came from a poor family. She had a younger sister named Nirmala who was aged about 12 years at the time of the incident. Kumari Santosh used to live with Jaiprakash at Delhi. As she came from a poor family, her maternal uncle got her employed in a factory carrying on business in ready -made garments. Aslam respondent was also working in the factory. Sripal, (PW/3) was the proprietor of the factory manufacturing ready -made garments under the name and style of Sapana Garments. He used to engage girls in her factory. It appears from the evidence of Sripal in his cross -examination that Kumari Santosh and Aslam had fairly cordial relations. Bhimsen (PW/7), who is another maternal -uncle of Kumari Santosh, has also stated that prior to that Kumari Santosh had lived with Aslam. He had seen her in the company of Aslam. Thus, it would appear that Kumari Santosh and Aslam were familiar with each other and were working in the same factory and had intimacy. The intimacy was to this extent that when in the month of June, 1980, Kumari Santosh along with her younger sister Nirmala had left the house of her maternal uncle Jaiprakash with an idea to visit a temple at about 11 a.m., Aslam met them near Kalkaji Bus - stop and inquired from them about the place where they were going. They told Aslam that they were going to visit a temple. Aslam offered his services to them and assured them that he would also show them the capital of India i.e. Delhi. All the three comfortably sat in a three -wheeler and instead of going to temple, she was taken along with Nirmala to the house of a friend of Aslam. They all took their meals there. Here, Kumari Santosh poses that some unknown thing was given to her to eat and soon thereafter she found herself along with Aslam and Nirmala at railway station of Delhi. All through from Delhi to Jaipur they came by train. She did not whisper a word to any one and one simply wonders that what that damn thing was given to her that she became mute throughout the travel. They reached Jaipur and were accommodated in a room taken on rent by Aslant in Adarsh Nagar, Jaipur. She remained there for 20 days and then somehow got rid of her younger sister by sending her to her father's house after paying her an amount of Rs. 20/ -. She continued to live with Aslam. Nirmala being a girl of tender age was able to inform the father of the two girls about the whereabouts of Kumari Santosh and that enabled the trace of Kumari Santosh at Railway Station, Jaipur along with Aslam. With the help of Police persons attached to the Manak Chowk Police Station, Kumari Santosh was apprehended at Railway Station, Jaipur while she was sitting on a bench. A formal statement of Kumari Santosh was taken and what is called as Parcha Bayan was transmitted by Manak Chowk Police Station to the concerned Police Station, Adarsh Nagar, Jaipur, whereupon a First Information Report, Ex. P/19, was drawn by on July 12, 1980 and a case was registered for offences Under Sections 364, 368 and 376, IPC. Usual investigation was carried on by the Police and medical examination of Kumari Santosh was also got made. Consent of Kumari Santosh not only to the association but also to her sexual intercourse with Aslam is so writ large that and it can easily be said that why the Police machinery should have harassed the appellants by launching a criminal prosecution against Aslam and other co -accused. What was after all the material with the Investigating Agency to implicate the persons unnecessarily in criminal cases simply because a girl was found in the company of a Muslim named Aslam The medical examination conducted by Dr. Vimla Doshi (PW/4) clearly goes to show that nothing was suggestive that she was virgin. There were no marks of injury on her body, in spite of the fact that she had been subjected to repeated sexual intercourse during her long stay of about 20 days and even more along with Aslam at Jaipur. Her human stood torn very much before and one can easily infer that she was addicted to sexual intercourse. A young girl aged about 20 years working in the same factory where Aslam was working familiarity and intimacy with him and on offering and asking by him sat with him in a three - wheeler went to his friend's house at Delhi, remained there, taking meals and then travelling right from Delhi to Jaipur, living in a room at Jaipur and developing relationship to that extent that she got rid even of her younger sister aged 12 years and with nothing to medically indicate that there was any force in the sexual intercourse, no resistance and no injury. What investigation it was that the two persons were falsely and unnecessarily prosecuted for such a grave offence by the Officer -in -charge of the Police Station, Adarsh Nagar, Jaipur. It is only worthy to be deprecated that the State of Rajasthan yet comes in appeal before this Court when the case has no legs to stand.
(3.) THIS appeal has no merit and it is, therefore, dismissed.;