JUDGMENT 1. -This appeal by leave has been preferred by the State against the judgment and order dated 22.5.1980 passed by the Sessions Judge, Sriganganagar thereby acquitting the accused-respondents of offences punishable under sections 376, 458 & 366 IPC in Sessions Case No. 33/79. 2. The brief facts, giving rise to the prosecution case, are that PW 1 Smt. Shyamo wife of PW 3 Makhan Singh was sleeping in her house on 15.2.1979 at about 11 p.m. PW 2 Smt. Kishan Kaur, who is mother of Makhan Singh was also present in the same house along with her husband. At about 11 p.m., all the four accused-persons trespassed into the house of Makhan Singh. Sulakhan and Modan Singh both entered the room in which Makhan Singh and Smt. Shyamo were sleeping while Inder Singh and Ratan stood outside keeping surveillance. Sulakhan placed a dagger on the chest of Makhan Singh while Modan Singh tied mouth of Smt. Shyamo and threatened her that in case she cried, she would be killed to death. They caught hold of Smt. Shyamo and she was brought outside the house. Smt. Kishan Kaur made hue and cry on which Inder Singh inflicted lathi on her. Ratan accused lifted Smt. Shyamo and placed her on the cycle of Modan Singh. They took Smt. Shyamo on the bicycle to the nearby field of 'Sarso' and there all the accused-persons except Inder Singh, who is father of the accused-persons, committed rape on Smt. Shyamo. PW 3 Makhan Singh lodged Ex. P/1 report at the Police Station, Sri Karanpur whereat a case was registered and investigatiqn was started. On the next day, Modan Singh was arrested from Sri Karanpur and Smt. Shyamo was recovered from his house at about 11.30 a.m. vide Ex. P/4 recovery memo. Smt. Shyamo as well as the accused-persons were medically examined. 3. After completion of investigation, the accused-persons were challaned under sections 376, 458 & 366, IPC in the Court of Munsif & Judicial Magistrate, Sri Karanpur, who, in turn, committed all these accused-persons to the Court of learned Sessions Judge, Sri Ganganagar. The learned Sessions Judge charged the accused-persons with the com-mission of the aforesaid offences to which all of them pleaded not guilty and claimed to be tried and hence the trial was completed. 4. The prosecution examined as many as 7 witnesses. The learned Sessions Judge charged the accused-persons with the com-mission of the aforesaid offences to which all of them pleaded not guilty and claimed to be tried and hence the trial was completed. 4. The prosecution examined as many as 7 witnesses. The accused-persons were examined under section 313, Criminal procedure Code and they denied the prosecution story. They did not adduce any defence eviderke. Consequently, the learned Sessions Judge while disbelieving the testimony of PW 1 Smt. Shyamo, PW 2 Smt. Kishan Kaur and PW 3 Makhan Singh, acquitted the accused respondents and hence, being aggrieved, the State preferred this appeal, as above. 5. I have heard the learned public prosecutor for the State as well as the learned counsel for the respondents, went through the impugned judgment and also considered the record of the trial Court. 6. The learned public prosecutor has contended that the learned trial judge failed to appreciate the prosecution evidence in its right perspective and instead, taking an erroneous view of the same, disbelieved the prosecution evidence and, lastly, proceeded to pass the impugned judgment and order which is perverse. Besides, the alleged contradictions and inconsistencies in the statements of the prosecution witnesses, being natural, did not fully justify to discard the evidence of the prosecution witnesses. There was no rhyme or reason either for Smt. Shyamo or her husband or her mother-in-law to have roped in and falsely prosecuted the accused-respondents. Therefore, looking to the gravity of the offences and there being direct evidence of the occurrence specially the statement of PW 1 Smt. Shyamo, it is a fit case in which the order of acquittal must be reversed and the appeal be accepted. 7. The learned counsel for the accused-respondents while supporting the impugned judgment maintained that the judgment appealed against is well merited and it calls for no interference. 8. The prosecution, in an attempt to prove the charges levelled against the accused-respondents, examined as many as seven witnesses. 9. PW 1 Smt. Shyamo stated that she was sleeping in her 'kotha' along with her husband PW 3 Makhan Singh. This is also supported by PW 3 Ma khan Singh besides PW 2 Smt. Kishan Kaur. 8. The prosecution, in an attempt to prove the charges levelled against the accused-respondents, examined as many as seven witnesses. 9. PW 1 Smt. Shyamo stated that she was sleeping in her 'kotha' along with her husband PW 3 Makhan Singh. This is also supported by PW 3 Ma khan Singh besides PW 2 Smt. Kishan Kaur. She has further stated that at about 11 p.m. all the accused-persons entered her 'kotha' and, thereafter, making a somersault, she stated that Inder Singh and Ratan kept sitting outside while Modan Singh and Sulakhan entered her 'kotha' and Sulakhan placed a dagger on the chest of her husband while Modan Singh tied her mouth with the cloth of a turban and she was threatened that in case she cried, she would be done to death.Modan Singh lifted her and brought her out of her 'kotha'. Smt. Kishan Kaur made hue and cry on which Inder Singh inflicted a lath i blow on the person of Smt. Kishan Kaur. Ratan lifted her and got her seated on cycle. Inder Singh left for his house from there. She was taken to the field of '&1'rso; located nearby. Sulakhan untied her 'salvar' and then he committed forcible sexual intercourse with her. Similarly, Modan Singh and Ratan also committed sexual intercourse with her. Then the accused-persons took her to their own house and she was confined to a room in their house and she was locked from outside. She also stated that she was medically examined. She has identified her clothes Article-1 to Article-3 correctly in the Court. Smt. Shyamo admitted that she was aged about 19 years and that her marriage was celebrated about an year prior to this incident. Inder Singh is an old person who is father of the other co-accused persons. She also stated that Inder Singh, his leg being broken, is a handicapped one. She further stated that the accused Inder Singh is the real brother of her father-in-law Pooran Singh. So her husband as well as other accused-persons who are sons of Inder Singh, were having relationship of cousins interne. She further admitted that the wife of the accused 'rider Singh and her mother-in-law were also closely related. She also stated that her father-in-law etc. So her husband as well as other accused-persons who are sons of Inder Singh, were having relationship of cousins interne. She further admitted that the wife of the accused 'rider Singh and her mother-in-law were also closely related. She also stated that her father-in-law etc. took her before a Magistrate and she was also examined under section 164, Criminal Procedure Code at the instance of police which suspected that she might turn hostile. She further clearly admitted that her family members suspected that she was carrying on an illicit relationship with Modan Singh and she also admitted that her mother-in-law had told her not to talk to Modan Singh. She also stated that after she was recovered from the house of Modan Singh, she was not taken to her in-laws' house situated nearby but, instead, she was straight way taken to the Police Station. She did not state in Ex. D/1 police statement that she was taken to the field of 'sarso' and was seduced to sexual intercourse by the said three accused-persons. Similarly, she did not depose in either Ex. D/1 police statement or Ex. D/2 statement given before the Magistrate that she was lifted and seated on bicycle by the accused Ratan. She also stated that she was seated on the cycle being cycled by Ratan accused while rest of the two accused-persons were riding another cycle. She did not try to hold Ratan accused nor did she try to jump down from the cycle which she could have easily done. She also stated that the police recovered blood stained soil from the place whereat she was sexually molested but there is no proof as such. She clearly admitted that there were 150 houses in their village, and as is also admission in Ex. P/1 report lodged by PW 3 Makhan Singh, a number of villagers had assembled there but not a single witness other than the family members of Makhan Singh have been examined in support of the prosecution case.PW 2 Smt. Kishan Kaur, while supporting statement of Smt. Shyamo, stated that they were so sleeping in their 'kotha' of their house. On hearing cries of Smt. Shyamo, she came running out side her 'kotha' and she saw that Inder Singh and Ratan were standing outside the 'kotha' in which Smt. Shyamo and Makhan Singh were sleeping. On hearing cries of Smt. Shyamo, she came running out side her 'kotha' and she saw that Inder Singh and Ratan were standing outside the 'kotha' in which Smt. Shyamo and Makhan Singh were sleeping. Thereafter, Modan Singh, Ratan and Sulakhan took away Smt. Shyamo while Inder Singh was standing by the side of the gate of their house. She further stated that Inder Singh inflicted a lathi blow on her leg. Meanwhile, her husband also arrived on the scene. She also stated that she was examined at the Police Station and that her thumb-mark was obtained on her statement whereas her statement recorded under section 161, Criminal Procedure Code, does not bear any thumb-mark nor there is any requirement of law to obtain her signatures on the statement. She never stated in Ex. D/3 police statement previously that since Smt. Shyamo cried and, therefore, hearing her cries she had rushed out of her room. She also admitted that she is hard of hearing. She also admitted that the accused went on quarrelling with her for about half an hour.PW 3 Makhan Singh who is husband of Smt. Shyamo, while corroborating statement of his wife as well as his mother, stated that at about 11 p.m. all the four accused-persons came to their house. Modan Singh and Sulakhan both entered his 'kotha'. Sulakhan placed his dagger on his chest mild he was threatened to be killed in case he made hue and cry. The mouth of Smt. Shyamo was tied with a piece of turban. He further stated that accompanied by many villagers, they followed the marks of wheels of cycle towards the field whereat the crop of 'sarso' was standing. However, they failed to recover Smt. Shyamo from there. He also stated that he lodged Ex. P/1 at the Police Station, Sri Karanpur before PW 5 Bhanwar Singh, as is also the statement of Bhanwar Singh. 10. He has resiled from his statement recorded in Ex. P/1 report that Sulakhan placed the dagger on his chest and instead he has stated that the same was placed on his neck. He could not explain the delay made in lodging Ex. P/1 report at Sri Karanpur which is situated at a distance of hardly four miles from the place of occurrence. P/1 report that Sulakhan placed the dagger on his chest and instead he has stated that the same was placed on his neck. He could not explain the delay made in lodging Ex. P/1 report at Sri Karanpur which is situated at a distance of hardly four miles from the place of occurrence. He also admitted that they did not allow Smt. Shyamo to talk to Modan Singh as is also the admission of Smt. Shyamo herself, He also admitted that the leg of Inder Singh is broken and so he is partly handicapped. 11. There is no other independent witness of the occurrence. As has also been reported in Ex. P/1 by PW 3 Makhan Singh many villagers were attracted to the scene of occurrence after Smt. Kishan Kaur made hue and cry but not a single witness has been examined in support of the prosecution story. It is also clearly borne out of the prosecution evidence itself that Smt. Shyamo was having some sort of relationship with the accused Modan Singh to which, naturally, Ma khan Singh and Smt. Kishan Kaur objected and she was threatened twice not to have any relationship with or to be in talking terms with Modan Singh. 12. It is also not disputed that Pooran Singh and Inder Singh are closest relations and Makhan Singh and the son of Inder Singh who are co-accused, they are all real cousins. As has also been held by the learned trial judge. Inder Singh is an old person aged about 70 years and his also handicapped and, therefore, it is most improbable that a handicapped person like Inder Singh with the help of his sons might have forcibly taken away Smt. Shyamo from her hin-laws' house inspite of protest, if any, from her husband, mother-in-law as well as father-in-law etc. Even Pooran Singh has not been examined by the prosecution. Had Smt. Shyamo been carried forcibly and against her wishes on the cycle, she could have jumped down any time and could have made hue and cry attracting villagers but she did not do so. Though she has stated that she was taken to the standing crop of 'sarso', as above, and was successively raped by as many as three accused-persons. But there were no marks of forcible commission of any sexual intercourse on her private genital parts. Though she has stated that she was taken to the standing crop of 'sarso', as above, and was successively raped by as many as three accused-persons. But there were no marks of forcible commission of any sexual intercourse on her private genital parts. Besides, she was recovered from the possession of Modan Singh on the next day. The house of the accused Modan Singh is situated in the nieghbourhood of Pooran Singh himself and it was most unnatural that Smt. Shyamo could have been confined to a room of the house of the accused-persons situated just near the place of occurrence. Besides, lnder Singh being brother of Pooran Singh, looking to their relationship as well as the age and the handicapped condition of Inder Singh, it does not appear to be probable and reliable that Inder Singh had also accompanied his three sons to the house of Pooran Singh wherefrom they are accused of having forcibly taken away Smt. Shyamo on a cycle. On 'kuchcha', the cycle could not be cycled in an excessive fast speed and, therefore, had it been so, PW 3 Makhan Singh could not have left Smt. Shyamo to her fate and instead it was most natural on his part to have chased the accused-persons and to have caught the cycle and did not allow Smt. Shyamo to be taken away, as is the prosecution story. 13. There is also unexplained delay in lodging of Ex. P/1 report. 14. PW 6 Rameshwar Singh who is Investigating officer, clearly admitted that inspite of his best efforts, he could not locate that place whereat Smt. Shyamo was fell on the ground and was subjected to commission of sexual intercourse. Had the prosecution story been true, there was no reason for Smt. Shyamo could not to have pointed out the place whereat she was subjected to sexual intercourse. It further shows that no such incident could have taken place. Since the crop of 'sarso' was standing nearby and, as is the prosecution story, many villagers had also been attracted to the house of Pooran Singh, they could have very well sat in search of the prosecutrix but no such effort was made and the villagers could not have been silent spectators of the occurrence, if any. Since the crop of 'sarso' was standing nearby and, as is the prosecution story, many villagers had also been attracted to the house of Pooran Singh, they could have very well sat in search of the prosecutrix but no such effort was made and the villagers could not have been silent spectators of the occurrence, if any. Similarly, Pooran Singh and his wife being father-in-law and mother-in-law respectively, along with PW 3 Modan Singh could not have allowed the accused-persons to have taken away Smt. Shyamo to the nearby field. 15. Besides, since the accused-persons as well as the complainant party are close relations and, therefore, it was most unnatural and improbable that they could have dared to forcibly make entry into the 'kotha' of Ma khan Singh and thereby taking away forcibly Smt. Shyamo to the nearby field, to have further subjected to her to a sexual intercourse. As has been suggested by the defence in the cross-examination of the aforesaid witnesses and as is also admitted by Snit. Shyamo,since she was having some sort of relationship with the accused Modan Singh to which her husband as well as her in-laws objected and she was more than twice cautioned not to have any relationship with Modan Singh. In these circumstances, this possibility cannot be excluded that Smt. Shyamo surreptitiously left the house of her husband and instead voluntarily went to the house of Modan Singh and, being aggrieved, Ma khan Singh etc. thought of a plan to teach a lesson to Inder Singh and his children including Modan Singh for the objectionable relationship of Modan Singh with Smt. Shyamo. 16. The learned Sessions Judge has rightly held that this possibility cannot be excluded that Smt. Shyamo, who was a major and mature and had some sort of relationship with the accused Modan Singh much to the annoyance and disliking of her in-laws as well as her husband, as is natural, but she, any how, went to the house of accused Modan Singh and, as a result, her husband as well as her in-laws lodged this report against the accused-persons including Inder Singh who is handicapped, infirm and aged person. 17. Having regard to the above discussion, it may also not be lost sight of the fact that this incident is alleged to have taken place on 15.2.1979 and the accused-respondents were acquitted of the charges levelled against them. 17. Having regard to the above discussion, it may also not be lost sight of the fact that this incident is alleged to have taken place on 15.2.1979 and the accused-respondents were acquitted of the charges levelled against them. This is an appeal from an order of acquittal and the evidence led by the prosecution has been so reassessed to reach my own conclusion but, in such circumstances, as a rule of prudence, it should always give proper weight and consideration to such matters as (i) the views of the trial Judge as to the credibility of the witnesses; (ii) the presumption of innocence in favour of the accused, a presumption certainly not weakened by the fact that he has been acquitted at the trial; (iii) the right of the accused to the benefit of any doubt; and (iv) the slowness of an appellate Court in disturbing a finding of fact arrived at by a judge who had the advantage of seeing the witnesses. Where two reasonable conclusions can be drawn on the evidence on record the High Court should as a matter of judicial caution, refrain from interfering with the order of acquittal recorded by the Court below. In other words, if the main grounds on which the Court below has based its order acquitting the accused, are reasonable and plausible, as is the present case, and cannot be entirely and effectively dislodged or demolished, the High Court ought not to disturb the acquittal. Ganesh Bhavan Patel v. State of Maharashtra, AIR 1979 SC 135 . 18. In the result, on the basis of facts and circumstances discussed hereinbefore, there are no compelling reasons to disagree from the view taken by the learned trial judge of the prosecution evidence and, consequently, acquitting the accused-respondents of the charges levelled against them. As a result, this appeal is devoid of merit and the same deserves to be dismissed. 19. Therefore, this appeal is dismissed and the impugned judgment and order of acquittal of the accused-persons from the charges levelled against them are affirmed. The accused-respondents are on bail and they need not surrender to the same. Their bail bonds are cancelled.Appeal dismissed. *******