Mangoo Khan alias Mohammad Ali Bisayati v. State of Rajasthan
2001-04-11
JAGAT SINGH, N.N.MATHUR
body2001
DigiLaw.ai
Judgment N.N. Mathur, J.-This appeal is directed against the Judgment dated 20th August, 1997 passed by Judge, Special Court (Women Atrocities & Dowry Cases), Bhilwara convicting the appellant for offence under Section 376, IPC and sentenced to undergo imprisonment for life and to pay a fine of Rs. 1000/-; in default of payment to further undergo six months imprisonment. 2. Briefly stated the prosecution case is that on 20th January, 1995, P.W. 1 Mst. Shahnaj Bano aged 16-17 years submitted a written First Information Report at Police Station, Kapasan stating inter alia that her mother left her father about three years back and she was living with her parents at village Sarvad. She along with her sisters Shabnam and Parveen and brother Mahaboob stayed with her father at village Bagore. About three months back while she was sleeping with her sisters and brother, she was aroused by her father, who wanted her to massage his legs. She obeyed the command and massaged for about 10-15 minutes. It is alleged that she was asked by her father to sleep with him, but she refused. It is further alleged that her father caught hold and threw on the bed and string of the Salwar was loosened. Thereafter she was being ravished by her father. She started weeping. She was threatened that if she disclose the incident, she will be killed. Thereafter, he continued to commit rape on her regularly tor 7-8 days. About 5-6 days back, he brought her along with her sisters to Mosque at Kapasan. In the night, her father again asked her to accompany him. On her refusal, she was being beaten. She being tired of the activities of her father, on getting opportunity, narrated the incident to Chowkidar of the ‘Dargah’ Yasin and his wife Iqbal Bano. She also narrated this incident to one Sugra. On this information, police registered a case for offence under Section 376, IPC and proceeded with investigation. As the incident related to Police Station, Bagore, the case was transferred to S.H.O. Police Station, Bagore. The prosecutrix was sent to Police Station, Bagore along with lady police constable P.W. 3 Miss Ranjna. After usual investigation, police laid charge-sheet against the appellant for offence under Section 376, IPC. 3. Theappellant denied the charges levelled against him and claimed trial. The prosecution in support of the case examined as many as fifteen witnesses.
The prosecutrix was sent to Police Station, Bagore along with lady police constable P.W. 3 Miss Ranjna. After usual investigation, police laid charge-sheet against the appellant for offence under Section 376, IPC. 3. Theappellant denied the charges levelled against him and claimed trial. The prosecution in support of the case examined as many as fifteen witnesses. The appellant in his statement under Section 313 of the Code of Criminal Procedure denied the correctness of the prosecution evidence appearing against him. Analysing the evidence, the trial Court found the charged proved against the appellant. Accordingly, the learned Judge convicted and sentenced the appellant as noticed above. 4. Assailing the conviction, it is contended by Mr. P. N. Mohanani learned counsel for the appellant that the conviction of the appellant solely on the testimony of P.W. 1 Mst. Shahnaj Bano is not sustainable as she is a tutored witness. It is submitted that there is no corroboration to the statement of the prosecutrix as the medical evidence as well as the FSL report is negative. It is also submitted that the doctor who examined the pro secutrix has not been produced by the prosecution. It is also submitted that there is a delay of three months in lodging the FIR. It is further contended that the material witnesses like Mahaboob the brother of the victim has not been examined and as such an adverse inference should be drawn. It is also submitted that the conduct of the ap- ‘pellant is unnatural. The learned Public Prosecutor has supported the Judgment of the trial Court. 5. We have scanned, scrutinised and evaluated the prosecution evidence carefully and considered the rival contentions. Before we deal with the contentions raised by the learned counsel for the parties, it will be just and proper to indicate the prosecution evidence appearing against the appellant. 6. P.W. 1 Shahnaj Bano has stated that she was sleeping in the house along with her sisters and brother when she was aroused by her father and asked her to massage his legs, she obeyed the direction. She massaged the legs for about 10-15 minutes. Thereafter she was asked by her father to sleep with him, which she refused. She was being assaulted. Her father caught hold her hairs and threw on the ground and thrashed her.
She massaged the legs for about 10-15 minutes. Thereafter she was asked by her father to sleep with him, which she refused. She was being assaulted. Her father caught hold her hairs and threw on the ground and thrashed her. He sat on her and closed the mouth by one hand and by another hand loosened the string of the ‘Salwar’. She was threatened by a ‘Chhuri’ lying nearby. Thereafter, he loosened her underwear. Thereafter he committed rape on her. Thereafter he asked her to sleep quietly. Her father also threatened if she disclose this fact to anybody, she will be killed. She also stated that her father committed rape upon her continuously for 3-4 days. She was not allowed to go out of the house. Thereafter, he brought her to Kapasan Dargah. One night, they slept in the ‘Dargah’ at Kapasan. Next day again her father told her to sleep with him, which she declined. She was thrashed by her father in the ‘Dargah’ at Kapasan. The people of the ‘Dargah’ Committee came to know of this fact and they informed the police on telephone. She was taken at the police station by the members of the ‘Dargah’ Committee. She submitted the FIR Ex. P1. In the cross-examination, she admitted that the relations between her mother and her father were not cordial. There is a lengthy cross-examination, but nothing has been elicited to discredit the testimony of this witness. 7. P.W. 2 Ibrahim, P.W. 3 Miss Ranjna, P.W. 4 Bhanwar Singh, P.W. 5 Karim Bux, P.W. 7 Chavand Singh, P.W. 8 Roshan Lal, P.W. 11 Vijay Singh and P.W. 14 A. V. Joseph are the formal witnesses. P.W. 15 Udai Singh is the Investigating Officer. He has given details of the investigation. P.W. 10 Mohammad Yasin, P.W. 12 Smt. Iqbal Bano and P.W. 13 Mohd. Yasin have not supported the prosecution case and as such they have been deelared hostile. 8. P.W. 3 Miss Ranjna is a Police Constable posted at Police Line, Chittorgarh, she was asked to take the victim Mst. Shahnaj Bano from Police Station, Kapasan to Police Station, Bagore. On the way she disclosed that her father had committed rape on her. She also stated that he had brought her to Kapasan for paying respect to Baba of Kapasan. In the cross-examination, she denied the suggestion that on the way any of family members met her.
Shahnaj Bano from Police Station, Kapasan to Police Station, Bagore. On the way she disclosed that her father had committed rape on her. She also stated that he had brought her to Kapasan for paying respect to Baba of Kapasan. In the cross-examination, she denied the suggestion that on the way any of family members met her. She also stated that her two sisters were with her and they were also brought to Bagore. P.W. 6 Smt. Sugra has stated that while she was preparing food in the ‘Dargah’ at Kapasan, she found one girl weeping. On inquiry, she disclosed the reason of weeping as the missing of the key. She also disclosed her name as Shahnaj. Large number of people had assembled. It was disclosed by Shahnaj that she was being raped by her father. That the statement of P.W. 1 Mst. Shahnaj finds corroboration from the statements of P.W. 3 Ranjna and P.W. 6 Sugra. There .is no material on the basis of which, it can be said that the statement of P.W. 1 Shahnaj Bano is the result of tutoring. As far as delay in filing the report is concerned, P.W. 1 ShahnajBano has stated that her father did not allow her to go out of the house. She got the occasion only when she brought to ‘Dargah’ at Kapasan. Thus, in our opinion, there is no delay in filing the FIR. As far as non-production of Mahboob is concerned, it is sufficed to say that he is a child. He was in the house, but there is nothing to show that he has seen his father committing rape on her sister. It is a well established law that a prosecutrix in a rape case being victim of the crime, her testimony does not require corroboration as a rule of law. However, corroboration in such cases is required as a matter of prudence. In the instant case, there is no reason for the P.W. 1 Shahnaj to make a false statement against her own father. In our view, her statement inspires confidence. Her version is supported by statement of P.W. 3 Miss Ranjna and P.W. 6 Sugra. Thus, the prosecution has succeeded in establishing the charge of rape against the appellant. 9.
In the instant case, there is no reason for the P.W. 1 Shahnaj to make a false statement against her own father. In our view, her statement inspires confidence. Her version is supported by statement of P.W. 3 Miss Ranjna and P.W. 6 Sugra. Thus, the prosecution has succeeded in establishing the charge of rape against the appellant. 9. On the question of sentence, it is submitted by the learned counsel for the appellant that keeping in view the peculiar facts and circumstances of the case, the appellant may be awarded only the minimum sentence of seven years. He has cited the Judgment of the Single Judge of this Court in Pooran Ram v. State of Rajasthan, reported in 2001 CriLJ 91. It was also a case, where rape was committed by the father on his daughter. Considering all facts and circumstances of the case particularly the perversity of the appellant, ends ofjustice would meet if the sentence is reduced to ten years. 10. Consequently, we find no merit in this appeal and the same is dismissed with modification on the point of sentence. While upholding the conviction under Section 376, I.P.C. we reduce the sentence of imprisonment for life to imprisonment for ten years. The fine awarded by the trial Court shall remain intact. The appellant is in Jail, he will undergo the remaining part of the sentence.