Judgment M. L. Singhal, J. 1. Vide order dated 27/29.7.1999. Additional Sessions Judge. Kurukshetra convicted Rajesh Kumar alias Raju. Rajinder Kumar alias Jinda. Karam Singh alias Karmi and Rajinder Kumar alias Beera under Sections 376 (2) (g), 506.3 12 read with Sec.511/34 of the Indian Penal Code and sentenced them as follows: U/s 376 (2) (g) IPC; RI for 10 years each and to pay fine of Rs.1,000/ each. In default of payment of fine further RI for 2 years. Sentences were however ordered to run concurrently. Not satisfied with their conviction and sentence passed upon them, each of them came up in separate appeal to this court. 2. Rajesh Kumar alias Raju has come up to this Court through criminal appeal No.992-SB of 1999, Rajinder Kumar alias Jinda has come up to this Court through criminal appeal No.763 SB of 1999, Karam Singh alias Karmi has come up to this Court through criminal appeal No.864-SB of 1999 and Rajinder Kumar alias Beera has come up to this Court through criminal appeal No.913-SB of 1999 as all of them have been convicted and sentenced by the learned Additional Sessions Judge, Kurukshetra through one and the same judgment dated 27/29.7.1999 at Sessions Case No.36 of 1996. 3. This judgment will dispose of Cr1. Appeals Nos.992-SB of 1999 filed by Rajesh Kumar alias Raju, 763-SB of 1999 filed by Rajinder Kumar alias Jinda, 864-SB of 1999 filed by Karam Singh alias Karmi and 913-SB of 1999 filed by Rajinder Kumar alias Beera simultaneously as they have arisen one and the same judgment. 4. The prosecution case in brief is that Kamla Devi wife of Laxmi Chand has two sons and two daughters. About 12 years ago, Kamla Devi and her children shifted from village Jhakholi Distt. Kaithal to village Kheri Ran Nagar to her husbands sister Rasali Devi. They were putting up with her husbandts sisters house at village Kheri Ran Nagar with her two daughters and two sons. Among the children Satya Devi aged 15 years is the eldest. About 2 months ago her daughter Satya Devi began to vomit. Thereupon she asked her what was the cause that she was vomiting. Satya Devi told her mother Kamla Devi that she was suffering from temperature also. Kamla Devi continued getting medicine from a private doctor namely Dr. Saxena of Thanesar for Satya Devi about one month for temperature and breathing problem. Thereupon she asked her what was the cause that she was vomiting. Satya Devi told her mother Kamla Devi that she was suffering from temperature also. Kamla Devi continued getting medicine from a private doctor namely Dr. Saxena of Thanesar for Satya Devi about one month for temperature and breathing problem. Satya Devi however did not feelbetter. One day she got medicine for her daughter Satya Devi at Apna Hospital, Thanesar. That medicine also did not work and improve the condition of Satya Devi. Thereafter, she again started getting treatment for her daughter from Dr. Saxena of Thanesar. Dr. Saxena administered her glucose for three days. Even then, she did not feel better. Dr. Saxena accompanied them to Gagan Hospital 6th Patshah Gurdwara Chowk, Kurukshetra where Satya Devi was got admitted. It was 16.7.1996 (Tuesday ). On 17.7.1996 lady Dr. Gupta of Gagan Hospital told her that Satya Devi was carrying pregnancy of four months. She was further told by the lady doctor Gupta that an attempt had been made earlier by some doctor on aborting that child, but that doctor had not been able to expel foetus completely out of the abdomen. She was further told by the lady doctor Gupta that abortion would have to be carried on Satya Devi with a view to expel foetus completely out of her abdomen. She carried out abortion on her and expelled foetus completely out of her abdomen. Lady Doctor told her that: Satya would have to remain admitted in the hospital for 25 days and Rs.12,500.00 would be her charges. Smt. Kamla Devi deposited Rs.500.00 in advance. Smt. Kamla Devi then confronted her daughter Satya Devi whose child she was carrying. She told her in a tone subdued by fear psyche that about 4 months ago Rajesh alias Raju son of Lal Chand, Balmiki of village Kheri Ram Nagar had trespassed into their house and had sexual intercourse with her against her will and without her consent by inducing her into fear when she Kamla Devi alongwith her father Laxmi U/s 312 read with Sec.511/34 IPC RI for 3 years each and to pay fine of Rs.250.00 each. In default of payment of fine further RI for 6 months. U/s 506 IPC, RI for 2 years each. In default of payment of fine further RI for 6 months. U/s 506 IPC, RI for 2 years each. Chand was away and after having sexual intercourse with her he had threatened her that if she disclosed to her parents about this intercourse her brother Sonu who was studying in Aamin School would be murdered. When she stopped menstruating because of conception on account of rape by Rajesh alias Raju, Rajesh alias Raju brought her 6-6/7-7 tablets 3/4 times. She consumed those tablets. Still, there was no abortion and expulsion of foetus out of her abdomen. Rajesh alias Raju had forcibly committed rape on Satya Devi and had threatened her that he would murder her brother Sonu if she disclosed the incident to her parents. The matter was hot reported to the police soon after when rape was committed. Till 20.7.1996 they were not allowed to report the matter to the police because they were being induced into compromise. When compromise did not materialise on 21.7.1996 Kamla Devi reported the matter to the police when she was in Gagan Hospital 6th Patshahi Gurudwara Chowk. Kurukshetra. On the basis of her statement EX. PB case FIR No.255 dated 2 1.7.1996 was registered under Sections 376/312 and 506 of the Indian Penal Code at Police Station City, Thanesar. On 25.7.1996 Satya Devis statement was recorded. Earlier she was unfit to make statement. During investigation it transpired that she was also raped by Rajinder Kumar alias Jinda, Karam Singh alias Karmi and Rajinder Kumar alias Beera. After investigation, accused were challaned by the police of Police Station City, Thanesar. Case was committed to the Court of Sessions by Chief Judicial Magistrate, Kurukshetra vide order dated 4.10.1996 under Sections 376/ 312/506/450 of the Indian Penal Code. 5. Vide order dated 15.11.1996, Additional Sessions Judge. Kurukshetra charged Rajesh Kumar alias Raju under Sec.376 of the Indian Penal Code. He charged accused Rajesh Kumar alias Raju. Rajinder Kumar alias Jinda, Karam Singh alias Karmi and Rajinder Kumar alias Beera under Sec.312 of the Indian Penal Code as well. There was one complaint filed by Satya Devi with regard to the same episode, which was committed to the Court of Sessions. The complaint case was clubbed into the challan case. In the complaint case accused were charged under Sections 376 (2) (g), 312 and 506 of the Indian Penal Code. There was one complaint filed by Satya Devi with regard to the same episode, which was committed to the Court of Sessions. The complaint case was clubbed into the challan case. In the complaint case accused were charged under Sections 376 (2) (g), 312 and 506 of the Indian Penal Code. Evidence was recorded in the challan case pertaining to the version of the complaint. Accused pleaded not guilty to the charge and claimed trial. 6. With a view to bring home to the accused the charge levelled against them, the prosecution examined Dr. Gurdev Ram, District Dental Officer. LNJP Hospital, Kurukshetra. PW-1, Kamla Devi PW-2. Satya Devi PW-3. Sewa Singh P. W-4. Dr. Sushma Saini. Medical Officer. LNJP Hospital, Kurukshetra PW-5. Dr. Amita Gupta, Private Medical Officer in Gagan Hospital Kurukshetra PW-6, Dr. Pawan Kumar Gupta; Medical Officer, LNJP Hospital Kurukshetra PW-7. Constable Tara Chand PW-8. Dr. Ajay Goyal, Apna Hospital PW-9 and SI Harkesh Chand PW-10. Dr. Ravi Gupta and Lakhmi Chand PW5 were given as unnecessary. 7. Rajinder Kumar alias Jinda, Karam Singh alias Karmi and Rajinder Kumar alias Beera when examined under Sec.313 of the Code of Criminal Procedure denied the imputations appearing in prosecution evidence against them and stated that it is a false case engineered against them. 8. Accuseg Rajesh Kumar alias Raju when examined under Sec.313 of the Code of Criminal Procedure denied the imputations appearing in prosecution evidence against him and stated that it is a false case engineered against him. In fact he and Satya Devi were in love with each other. They had been exchanging letters. During the period they were in love with each other she wrote so many letters to him. Out of which mark B to Mark J are some of specimens. These are in the hand of Satya Devi. He is acquainted with her hand-writing. When her parents came to know about Satya Devis love for him they compelled Satya Devi to withdraw from him. They did not lead any evidence in advance. 9. On the conclusion of the trial Additional Sessions Judge. Kurukshetra found the charge under Sections 376 (2hg ).312 read with Sec.5 11-34 and 506 of the Indian Penal Code proved against them. He convicted and sentenced them thereunder as indicated above. 10. They did not lead any evidence in advance. 9. On the conclusion of the trial Additional Sessions Judge. Kurukshetra found the charge under Sections 376 (2hg ).312 read with Sec.5 11-34 and 506 of the Indian Penal Code proved against them. He convicted and sentenced them thereunder as indicated above. 10. First of all finding has to be arrived at as to what was the age of Satya Devi in March/april 1996, i. e. when she was allegedly forcibly rapeddr. Gurdev Ram. Distt. Dental Officer. LNJP Hospital, Kurukshetra PW -1 examined Satya Devi on 30.8.1996. He found that no wisdom tooth had erupted. She was thus less than 18 years old. Wisdom tooth generally erupts between 18 to 27 years. In his cross-examination he stated that eruption of wisdom tooth may be obstructed due to various reasons. Eruption of wisdom tooth can occur within a duration of 2 years on either side from the are group told by him. Dr. Gurdev Ram PW-1 has thus stated that she was less than 18 years old because wisdom tooth had not erupted. Eruption of wisdom tooth takes place when the child is between 18 to 27 years. He has also stated that there is variation on either side by two years in the age given by him. Kamla Devi PW-2 has taken complete somersault so far as the statement made by her constituting the FIR is concerned. Now she has stated that about 10/11 months back her daughter Satya Devi aged 15/16 years told her that about 10/11 months ago when she was away to her Bua and she was alone in the house. Karma son of Siria came to their house and enquired from Satya Devi about her mother Kamla Devi and her father (Laxmi Chand ). Satya Devi told Karmi son of Siria thai they were away to her Bua. Satya Devi further told her that Karmi enquired as to whether they would be back ill the evening or not. Satya Devi told Karmi that her parents would be back on the day following. Smt. Kamla Devi PW -2 stated that Satya Devi told her that at about 2.00 A. M. that night she alongwith her brother and sister were sleeping in the room and the door was not locked and fan was on but it was not working because of failure of electricity. Light was already off. Smt. Kamla Devi PW -2 stated that Satya Devi told her that at about 2.00 A. M. that night she alongwith her brother and sister were sleeping in the room and the door was not locked and fan was on but it was not working because of failure of electricity. Light was already off. She stated that Satya Devi told her that Rajesh Kumar entered her room and had forcible sexual intercourse with her. She also told her that Rajesh had continuously giving her threats that he would kill her brother. Satya Devi also told her that Rajesh threatened her that they were outsiders in the village Kheri Ram Nagal while they were its original inhabitants and they had influence in the village. Kamla Devi PW-2 stated that after about two months of rape on Satya Devi she started vomiting. She enquired from Satya Devi why she was vomiting Satya Devi was having temperature also. She took her to Dr. Saxena who gave her medicine Satya Devi continued taking that medicine for two months but she did not feel better. She continued suffering from temperature. She took her to Apna Hospital, Kurukshetra. There also she was given medicine to control her temperature. She again took her to Dr. Saxena. She told Dr. Saxena that she was suspecting some foul play and she was not telling the correct facts. Thereafter Dr. Saxena took them to Gagan Hospital. Kurukshetra. Doctor at Gagan Hospital told them that Satya Devi had conceived and was carrying 4 months pregnancy. Lady Doctor Gupta demanded Rs.12.000.00 for terminating pregnancy. Lady Doctor Gupta advised that they should share the expense half and half. She went to Rajesh Kumarts father who agreed to share 50% of the expense required for terminating her pregnancy. After coming to the hospital. Rajeshs father backed out of the compromise and offered only Rs.1000.00 . Doctor did not agree to carry out abortion with a meagre sum of Rs.2000/3000. She stated that she had to pay Rs.12.000.00 to the Doctor for carrying out abortion on hert daughter Kamla Devi further told that after 11/12 days of Satya Devis admission to the hospital she told her that 10 days after Rajesh had committed Tape on her. Rajesh took her near the pond saying that her sister and her husband had brough some doctor there. Rajesh took her near the pond saying that her sister and her husband had brough some doctor there. They would give her medicines and those medicines would facilitate abortion on her and the expulsion of fetus Kamla Devi further stated that Satya Devi told her that she accordingly accompanied Rajesh to the pond where she found neither Rajeshs sister nor her sisters husband Instead she found there three more persons present other than Rajesh. They were Karmi, Jinda and Dhira or Beeta, Beera is a resident of Paiwal. whereas the rest of the accused are residents of village Kheri Ram Nagar. They all took her in the field of Ram Kala and committed sexual intercourse with her without her consent and against her will. 11. In. the first information report recorded at the instance of Kamla Devi. there is no mention that Satya Devi was raped by Rajinder Kumar alias Jinda. Karam Singh alias Karmi and Rajinder Kumar alias Beera. Their names are conspicuously missing. First information report was lodged by Kamla Devi on the basis of information which was supplied to her by Satya Devi Satya Devi had told her that she was raped by Rajesh Kumar about 4 months prior to 16.7.1996. As a result of her rape by Rajesh Kumar she conceived and the child continued growing in her womb and pregnancy became 4 months old, in the statement before the Court also. Kamla Devi has no where stated that she was told about rape by Rajinder Kumar alias Jinda. Karam Singh alias Karmi and Rajinder Kumar alias Beera op Satya Devi at the outset of her admission to the hospital for abortion. She has stated that she was told after 11/12 days of her admission to the hospital by Satya Devi that she had been raped, 10 days after the first act of rape on herby Rajesh Kumar alias Raju. Rajinder Kumar alias Jinda, Karam Singh alias Karmi and Rajinder Kumar alias Beera on the pond where she was taken by Rajesh for carrying out abortion on her by the doctor. 12. Satya Devi PW-3 stated that about 11 months ago she was present in her house. Her brother ana sister were also present there. Her parents were away to her Buats village. Karam Singh alias Karmi came to her at about 2.00/ 3.00 P. M. and enquired about her parents. 12. Satya Devi PW-3 stated that about 11 months ago she was present in her house. Her brother ana sister were also present there. Her parents were away to her Buats village. Karam Singh alias Karmi came to her at about 2.00/ 3.00 P. M. and enquired about her parents. She told him that they were away to her fatherts sister Karam Singh went away. At about 11.00/12.00 (night) she was sleeping inside the room, her brother was also lying on another cot. Her sister was lying outside the room on a cot. Her elder brother was also sleeping outside. At that time, Rajesh came to her and had sexual intercourse with her against her will and without her consent. When she tried to raise alarm Rajesh gagged her mouth. He threatened her that in case she raised alarm her brother who remains alone while going to the school will be done to death. She got frightened and did not disclose the incident of rape on her by Rajesh to her parents. After 15/20 days thereafter when she had gone to the point for answering the call of nature at about 2.00/2.30 P. M. , Rajesh and Karmi accused came to her and forcibly took her ill the sun flower field of one Randhir Ror. They both subjected her to forcible sexual intercourse. Both of them gave her threat that they would kill her brother who remains alone while going to the school in case she told about the incident of commission of sexual intercourse by them on her. After 1/2 months when she was raped first, there was disruption in her menstruation cycle. She told Rajesh accused when he met her near the pond that she had conceived as a result of forcible intercourse. Rajesh told her that he would bring medicine which would bring about termination of pregnancy. After 2/4 days thereafter, he brought some tablets. He advised her to take 4 tablets at a stretch thrice a day. She acted accordingly. However, there was no termination of pregnancy. After 15/20 days thereafter she told Rajesh about the failure of those tablets in the bringing about of the termination of pregnancy. Rajesh assured her that the doctor would be arranged through the mediation of his sister and his sisters husband. She acted accordingly. However, there was no termination of pregnancy. After 15/20 days thereafter she told Rajesh about the failure of those tablets in the bringing about of the termination of pregnancy. Rajesh assured her that the doctor would be arranged through the mediation of his sister and his sisters husband. They would be bringing the doctor to the pond at 11.00 P. M. He further told her that he alongwith Karmi would be present there. She went to the pond as per the programme chalked out and found Rajesh and Karmi accused there near the pond. They took her to the tubewell of one Ram Kala where the remaining two accused Jinda and one doctor were present. All the four accused took her inside the kotha of tubewell bolted it from inside and had forcible intercourse with her. After they had committed sexual intercourse with her, the doctor administered her injection. Thereafter, she became unconscious and regained consciousness only after coming to the pond. At that time, she found that Rajesh and Karmi were holding her she was left near the watertap of her house. 13. Satya Devi PW-3 went on and stated about the further tale of her woe, including the carrying out of the abortion on her at Gagan Hospital, Kurukshetra, Satya Devi PW -3 did not name Rajinder Kumar alias Jinda, Karam, Singh alias Karmi and Rajinder Kumar alias Beera before her mother on 16.7.1996 as her ravishers. She was initially raped in March/april 1996. Her first version saw the light of the day on 16.7.1996. In the first version before he another, only Rajesh figures as having ravished her. 14. There is no conclusive evidence that she was less than 16 years old, so that it could be said that it could not be a case of consent. Satya Devi is not a girl on whom implicit reliance can be placed. She does not tell her parents about the commission of intercourse with her by Rajesh. As a result of intercourse by him, she conceives, still she does not disclose. She discloses when her pregnancy becomes 4 months old. As per Dr. Pawan Kumar Gupta her radiological age was between 17 to 19 years. 15. She does not tell her parents about the commission of intercourse with her by Rajesh. As a result of intercourse by him, she conceives, still she does not disclose. She discloses when her pregnancy becomes 4 months old. As per Dr. Pawan Kumar Gupta her radiological age was between 17 to 19 years. 15. Assuming that she was raped, why should she have gone over again to be raped by Rajesh again and not only to be raped by Rajesh but also to be raped by others. It appears that Satya Devi was a girl of easy virtue. Why did she keep the door of her house open and allow Rajesh to enter at night and have intercourse with her? It appears that she was in love with Rajesh. Her parents were away to her Bua. She gave opportunity to Rajesh so that he could be in her company for the night and have intercourse with her. When she conceived and found herself unable to abort and the pregnancy became 4 months old, she disclosed to her parents. Her parents had also reconciled because of their daughters love affair with Rajesh. They had to resort to registration of the case when Rajeshs father did not agree to reimburse them to the extent of half of the expenditure to be incurred in carrying out abortion on her and save her from ignominy. 16. As regards the alleged rape by Rajinder Kumar alias Jivda, Karam Singh alias, Karmi and Rajinder Kumar alias Beera, feel that she cannot be believed as she did not disclose this fact to her mother on 16.7.1996. When on 16.7.1996 she could disclose her mother about the alleged rape on her by Rajesh four months earlier, why she could not disclose about the rope by Karam Singh etc. on her to her mother. 17. For the reasons given above, I am of the opinion that the prosecution story is riddle with improbabilities and unnaturalness. So these appeals are allowed and the convictions and sentences passed upon by the appellants by the learned Additional Sessions Judge, Kurukshetra vide order dated 27/29.7.1999 are set aside and they are acquitted of the charge frame against them. Fine, if any, paid shall be refunded to the appellants. Appeals allowed.