JUDGMENT 1. - This appeal is directed against the judgment and order dated 28.8.1995, whereby the learned Additional Sessions Judge No. 1, Kota held the appellants guilty of the offence and convicted and sentenced them as under : 366 IPC, R.I. for 5 years and fine of Rs. 1,000/-, in default of payment further undergo R.I. for 1 year. 376 IPC, R.I. for 7 years and fine of Rs. 1,000/-, in default of payment further undergo R.I. for 1% years. 376(2), R.I. for 10 years and fine of Rs. 1,000/-, or in default of payment of fine to further undergo R.I. for 2 years. Briefly stated the relevant facts of the case are that on 9.10.1989 at about 10.30 p.m. Keshra, Shanker and Ram Lal all residents of village Jatwari presented before the Station House Officer at Police Station Khatoli on a written report of Shri Chaturbhuj, the then Up-surpanch of Gram Panchayat Khatoli. In the said report (Exhibit 5) it had been stated that the present appellant, had taken two minor girls, PW 2 Smt. Geeta aged 15=16 years and Kumari Chameli of same age with them on the pretext of paying to them their wages at the plantation and there the appellants committed rape upon the said two girls in a field. 2. At the same time a written report (Ex. 5- A) was also presented by Smt. Geeta and Kumari Chameli at the Laid police station. In that report also the same version had been given and it had been further stated that after having taken them, the appellant had committed rape upon them after threatening them to cause hurt with knife. It had further been stated in the said report that when the appellants were busy in the act of sexual intercourse with them Shambhu Pahiwan and Badri Gurjar happened to come there, whereupon the appellants ran away. 3. On the basis of the above two reports one lodged by the villagers and the other by the ravished girls, Crime No. 572/89 under Section 376, IPC was registered at the police station. In the course of investigation the two girls were got examined for the proof of their ages as well as for the proof of the offence of rape having been committed upon them. In the course of investigation the two girls were got examined for the proof of their ages as well as for the proof of the offence of rape having been committed upon them. Their garments which they were allegedly putting on their respective persons at the time of commission of rape upon them were also seized. The appellants were arrested after some time and their under-garments were also seized. The cloths of the offenders as well as of the ravished girls were though sent to the Forensic Science Laboratory at Jaipur for chemical examination yet a report of the Assistant Director/Chemical Examiner of the said laboratory was produced neither before the Trial Court nor before this Court. 4. The learned Trial Judge tried both the appellants for the offences mentioned above and on being satisfied of the prosecution evidence produced before him convicted and sentenced them as stated above. 5. The learned Counsel appearing for the appellants took me through the entire evidence on record and emphasised that the prosecution theory as was advanced before the Trial Court, did not inspire confidence, and that in any case, if it be assumed that the two girls were subjected to sexual intercourse by the present appellants then such act against them was done with their consent. In this behalf the learned Counsel for the appellants referred to the medical evidence on the record of the case and further submitted that despite the advice of the Doctor, the prosecution did not produce either of the two girls, Geeta and Chameli, for radiological examination. It was thus submitted that at any rate it was a case of great doubt and, therefore, the two appellants may be acquitted of the offence they were charged with. 6. For Latoor appellant, it was submitted that he was alleged to have committed rape upon Chameli but Chameli had not been examined by the prosecution at the trial and, therefore, Latoor cannot be convicted on the basis of a statement of Smt. Geeta who could not have witnessed the commission of any crime upon Chameli when she herself was allegedly being subjected to rape at another place. 7. 7. The learned Public Prosecutor submitted that the Trial Court has examined not only Smt. Geeta but also PW 3 Shanker Lal, PW 4 Chaturbhuj Up-Sarpanch and some other witnesses on the point that on the relevant day the two girls had been sexually assaulted and that was the talk of the village. It was further submitted that both the girls are proved to be minors, below 16 years of age, at the time of commission of the offence of rape against them and, therefore, even if any consent by them in the facts and circumstances of the case may be inferred then such consent was not relevant in convicting the appellants f )r the offence of rape as defined in Section 375, IPC. 8. I have considered the rival submissions and have examined the record of the lower Court. 9. It is well settled position of law that the case of sexual assault against women and girls, particularly minor girls, should be approached by the Courts with utmost sensitivity. The evidence of the prosecutrix should not be viewed at from the standard which is applied to the appreciation of the testimony of an accomplice. A victim of sexual assault is, in fact, in the position of an injured person and, therefore, her testimony is required to be appreciated froth the standard which is applicable to the appreciation of testimony of other independent witnesses. The background of the case, the age of the victims and the offenders, their behavioral pattern, the way of life they are given to and their educational and economic standard should also be kept in mind while appreciating the evidence of such witnesses. It has also to be kept in mind that the cultural background wherein women and girls live in our country prevent them from disclosing the facts relating to sexual assaults on them. After keeping all such facts in mind the evidence of the prosecution in such cases should be appreciated and unnecessary efforts to seek corroborative evidence, before holding the accused guilty, should not be made. 10. Judged in the principles stated above the position in the present case comes to this. The victims of sexual assault are two young girls, both aged about 15-16 years, as opined by PW 1 Dr. Shanti Chand Jain, who had examined them for their ages. 10. Judged in the principles stated above the position in the present case comes to this. The victims of sexual assault are two young girls, both aged about 15-16 years, as opined by PW 1 Dr. Shanti Chand Jain, who had examined them for their ages. The appellants are young men, one aged 40-45 years and other about 35 years. The place of occurrence is stated to be a place at a distance of four furlongs from the Village Jatwara and also at the same distance from another Village Jatwari. The time of commission of the offence is stated to be around 1.00 p.m. It is also in evidence that the two appellants used to work at the plantation located in between two aforesaid villages. The two girls are said to have worked at the plantation for wages. 11. In the background of the above facts the prosecution case is, that the two appellants had reached the house of the two girls at about 12.00 12.30 in noon, that at the relevant time the other members of the family of the two girls were not there at their houses, that the two girls had followed the appellants, that after having gone at about four furlongs from the village, Rameshwar caught hold of Smt. Geeta and Latoor caught hold of Km. Chameli and took them two different places and committed rape upon them. The distance between the places where two girls were allegedly raped was about 31 ft. It is also in evidence that two pathways passed by the side of the two places of occurrence. It is not clear whether any crop was standing on the above places of occurrence at the relevant time but at the same time it is stated that Shambhu Pahalwan, Badri and Bablu happened to reach near the place of occurrence whereupon two appellants took their heals. 12. The question for consideration that now arises is whether in the facts and circumstances of the instant case, the theory, as advanced by the prosecution, can be accepted. In this behalf it may be pointed out that the FIR of the alleged incident was prepared by the village Up-Sarpanch in the village and at that time a number of villagers had allegedly gathered there. The FIR so written was taken to the police station by Keshra, Shanker Lai, Kishori Lai and Ram Lai. In this behalf it may be pointed out that the FIR of the alleged incident was prepared by the village Up-Sarpanch in the village and at that time a number of villagers had allegedly gathered there. The FIR so written was taken to the police station by Keshra, Shanker Lai, Kishori Lai and Ram Lai. After having written the FIR when SHO questioned them as to whether they knew anything about the incident, then said persons answered in the negative. At the same time another FIR was lodged by the two girls and such FIR was also got signed by Keshra and Shanker Lai. The question arises as to what was the necessity of getting two FIRs regarding the same incident and at the same time presented at the police station in that way. 13. At this stage it would be relevant to make a reference to some other aspects of the case. Shanker Lal, Badri and Bablu are said to be the persons who had seen the appellants running from the place of occurrence after the incident. Shanker Lal and Badri were not produced at the trial and Bablu, a boy of 17 years, turned hostile to the prosecution case. Similarly, one of the alleged ravished girls, Km. Chameli, was also not examined. There is no explanation on the record of the case as to why Shanker Lal, Badri and Chameli were not examined. 14. The sole testimony that may be referred to as incriminating the present appellants in the offence alleged to have been committed against Gita and Chameli is that of Geeta herself. In addition to the facts stated above, she further stated that she was virgin, though she had been married to an unknown person earlier and that she had bled per her vagina and that her cloths had also been stained with blood and human semen. She further stated that she had sustained a number of injuries also, in the course of sex act committed upon her by Rameshwar. Whereas for the reasons stated above it is difficult to accept the testimony of this witness as it is, the same gets, in fact, negatived by the medical evidence also. 15. PW 1 Dr. Shanti Chand Jain has stated that there were no marks of any injury whatsoever on any part of the body of Smt. Geeta including her private parts. 15. PW 1 Dr. Shanti Chand Jain has stated that there were no marks of any injury whatsoever on any part of the body of Smt. Geeta including her private parts. The medical expert further stated that her cloths were found neither torn nor stained with blood or human semen. The substance of the testimony of PW 1 Dr. Jain is that no sexual intercourse had been committed upon the girl when she was produced before him for examination. He, however, stated that she was not a virgin and that she was habitual to sexual intercourse and that the opening of the orifice admitted two fingers easily. 16. The incident had taken place on 9.10.1989 in day time at about 1.00 p.m., the incident was reported to the police station at Khatoli on the same day at 8.30 p.m. and both the girls, Geeta and Chameli, had also been taken to the police station. It is an undisputed fact that there is a Government Hospital at Khatoli but both the girls were got medically examined as late as on 13.10.1989. Though PW 11 jai Lai Verma, 1.0. in the case, tried to explain that when two girls had been taken to the Government dispensary at Khatoli the Medical Officer was not available there and, therefore, the girls were taken to Kota Hospital but there the Medical Officer advised him to take the girls back to Khatoli and get them medically examined there. This statement of Shri Verma is to be stated only to be rejected outright. PW 1 Dr. Jain did not state that the girls were ever produced before him or at the Khatoli Government Hospital on 9.10.1989, or thereafter before 13.10.1989. It does not appeal to my reasons that if the two girls had been sexually abused in that fashion by two adult men, the authority concerned would have behaved in that manner. It would have naturally attracted the attention of all concerned. But no such concern or anxiety appears to have arisen either in the police department or in the medical department. It is thus clear that whatever Smt. Geeta has stated find no corroboration at all either from the facts and circumstances of the case or from the medical evidence brought on the record of the case. No independent witness or even the interested witnesses are seen to be behaving in a normal and natural way. It is thus clear that whatever Smt. Geeta has stated find no corroboration at all either from the facts and circumstances of the case or from the medical evidence brought on the record of the case. No independent witness or even the interested witnesses are seen to be behaving in a normal and natural way. The person of Smt. Geeta does not corroborate her version of exercise of violence against her. Her age exceeding 16 years cannot be beyond reasonable inference and she is found to have attained the age of discretion. In any case, commission of sex act with her consent cannot be ruled out in the facts and circumstances of the case. 17. In the last it has to be mentioned that the two appellants were guarding the property of the plantation at the relevant time. Their common statement under section 313, Cr.P.C. was that since they did not allow the villagers to graze their cattle on the Government property, the Up- Sarpanch and other villagers got them falsely implicated in the present case. In the context what has been stated above this defence plea taken by them at that trial cannot be held improbable in view of the infirmities in the prosecution case which have been pointed out above in sufficient detail. There is no evidence on record to show that the two girls had ever worked at the plantation for wages. It is not acceptable that on mere asking by the appellants, they would accompany them to the plantation in that way. It is, therefore, highly probable that the appellants were booked in this case, perhaps on having been seen in the compromising position with the consenting girls, who were sufficiently mature enough for giving such consent, as can be inferred from their conduct. 18. Thus, I am of the opinion that the prosecution had failed to prove any of the charges levelled against the two appellants beyond reasonable doubt. Both the appellants deserve to be acquitted of all the charges levelled against them. 19. In the result the judgment and order of the Court below are hereby set aside and both the appellants acquitted of the offences under Sections 366, 376, 376(2) and 376(2)(g). Appellant Rameshwar, who is stated to be in jail, shall be released forthwith, if not wanted in any other case. 19. In the result the judgment and order of the Court below are hereby set aside and both the appellants acquitted of the offences under Sections 366, 376, 376(2) and 376(2)(g). Appellant Rameshwar, who is stated to be in jail, shall be released forthwith, if not wanted in any other case. Latoor is on bail, he need not surrender and his bail bonds are hereby cancelled.The appeal is allowed.Appeal allowed. *******