RANVIR SINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This appeal is directed against judgment dated 11/6/1986 passed by the Indore bench of the Madhya Pradesh High court in Criminal No. 15 of 1983 arising out of judgment dated 1/1 1/1983 passed by the learned Fourth Additional Sessions Judge, Ujjain Division in Sessions Trial No. 154 of 1982. By the impugned judgment, the High court has upheld the conviction of the appellant under S. 366 and 376 of the Indian Penal Code and consequential sentence of rigorous imprisonment for three years on each count with a direction that both the sentences would run concurrently as ordered by the learned Additional Sessions Judge.

(2.) The appellant was tried along with another accused Jabbar for offences under S. 363, 366-A or in the alternative under Section 366 Indian Penal Code. The appellant was also charged for offence under Section 376 Indian Penal Code and the co-accused was charged under Section 376 read with Section 109 Indian Penal Code. It may be stated here that the co-accused was acquitted by the learned Additional Sessions From the Judgment and Order dated 11/8/1986 of the Madhya Pradesh High court in Crl. A. No. 15 of 1983judge of all the charges. The accused appellant Ranvir Singh was a driver of a truck. The prosecution case in short is that on 4/6/1982, the prosecutrix Annubai aged below 18 years and then living under the guardianship of her father Dayaram at Village Bilpank had gone to Village Satrunda along with Kamla and Anandi of the said Village Bilpank. At Satrunda, all of them were waiting for a transport for going to Khachrand. At about 10 to 11 a. m. a truck No. 6313 MPU came there being driven by the appellant Ranvir Singh. On the assurance of Ranvir Singh that the truck was going to Khachrand all the three ladies sat on the front side of the truck and it started moving. About a kilometre away from Village Runija towards west, the accused Ranvir stopped the truck and told that the engine had become hot and asked the ladies to take water. The prosecutrix Annubai being unwell and also not being thirsty then, did not get down but the other ladies got down from the truck and proceeded towards the well. Initially, Ranvir and the helper in the truck also got down but within a few minutes Ranvir came back and inside the truck committed rape on Annubai. Annubai told about such incident of raping to the other two ladies when they came back but the place being lonely, they could not do anything and decided to take up the matter at Runija. The truck thereafter proceeded and stopped near Railway Station Runija. Kamla and Anandi got down from the truck and when the prosecutrix Annubai tried to get down, she was pushed back by Ranvir and the truck started moving. Kamla and Anandi being terrified informed the matter to the Station Master of Runija Railway Station. The Station Master telephoned the Police Station Badnagar. Annubai was found inside the driver's cabin in the truck. The accused persons were taken into police custody and the truck was seized. Annubai lodged a report in the police station house Barnagar. The Police Station Barnagar handed over the case to the Police Station Bhatpanchala. The police of the said Bhatpanchala P. S. registered the offence and seized the ghagra of the prosecutrix and the underwear of Ranvir Singh which he was wearing then.

(3.) Both the prosecutrix and the accused Ranvir were medically examined. The seized clothes of the prosecutrix and Ranvir were sent for chemical examination and they were found to be stained with semen and spermatozoa. The accused denied the guilt. According to Accused 2 Jabbar, he had no knowledge of rape and he was sitting on the dala of the truck. Annubai (Public Witness 4 gave deposition in support of the allegation of being raped by the accused Ranvir. The age of the prosecutrix was determined with the help of ossification test. Dr Vikas Choudhury, Assistant Surgeon, Civil Hospital of Ujjain after examining X-ray report of the prosecutrix gave opinion that the age of Annubai was between 17 to 19 years. Annubai stated that her age was about 16 years. Considering the said evidences, the learned Additional Sessions Judge held that the age of the prosecutrix was below 18 years and as such the question of her being under the custody of her father Dayaram and her abduction from the lawful guardianship of her father did not arise. Public Witness 3 Dr Rajmal Jain had examined the accused on 5/6/1982 on the requisition Ext. P-3a and Dr Jain's report is Ext. P-3. Dr Jain found Ranvir Singh capable of performing sexual intercourse. Public Witness 14 Ramchandra Misra, ASI Badnagar has deposed that on the basis of information received from Public Witness 5 Station Master Runija Railway Station which was recorded in the Roznamcha (Ext. P-10 of the police station he apprehended the said truck and arrested the accused and also recovered theprosecutrix from inside the driver's cabin of the truck. Public Witness 5 has deposed that being told by the two ladies, he informed the police. ASI Ramchandra Misra has also deposed that when by waving his hand. he signalled the truck to stop, the truck did not stop. But because there was a toll tax barrier about 15 paces ahead, the truck had to stop there. Shri Ramchandra Misra has also deposed that accused Ranvir was then driving the truck and on search of the truck, the prosecutrix was found underneath the sleeping coach in the driver's cabin. Public Witness 4 Annubai has corroborated Public Witness 14 Ramchandra Misra as to the place from where the police had found her inside the truck. Public Witness 9 Kamla has supported the prosecution case that on the assurance of Ranvir that the truck was going to Khachrand all the three ladies got into the truck and after some time the truck stopped and they were told by Ranvir that the engine had become hot. As Annubai was not feeling thirsty and was also not feeling well, she had stayed back but all others including the driver got down. Thereafter, the driver came back to the truck. When Kamla and Anandi came back, Annubai told them that Ranvir had raped her on the driver's seat and they decided to take up the matter at Runija. She has also deposed that when the truck stopped near Runija Railway Station, she and Anandi had got down but the prosecutrix was prevented by the accused from getting down and the truck moved away. She then went to the Station Master of Runija Railway Station and sought his help.