JUDGMENT 1. The appellant herein has been convicted and sentenced as below vide judgment dated 07.09.2018 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner in Sessions Case No.60/2013: Offences Sentences Fine Fine Default sentences Under Section 376 IPC Life Imprisonment Rs.10,000/- 6 Months' Imprisonment Under Section 363 IPC 7 Years' R.I. Rs.5,000/- 03 Months' Imprisonment Under Section 366A IPC 10 Years' R.I. Rs.5,000/- 03 Months' Imprisonment 307 IPC Life Imprisonment Rs.10,000/- 6 Months' Imprisonment 323 1 Year's Imprisonment Rs.1,000/- 1 Month's Imprisonment. All the substantive sentences were ordered to run concurrently. 2. Being aggrieved of his conviction and the sentences awarded, the appellant has preferred the instant appeal under Section 374(2) Cr.P.C. 3. Brief facts relevant and essential for disposal of the appeal are noted hereinbelow:- 4. One Shri Mahaveer Prasad (PW-7) resident of Napasar, presently Nathusar Bas, Bikaner submitted a written report to the SHO, Police Station, Naya Shahar, Bikaner (Ex.P/8) on 30.10.2009 at 11.55 am. alleging therein that he used to reside in the house of Premji with his two young daughters Mst. 'B' aged 12 years (hereinafter referred to as 'the victim') and Mst. 'G' aged 7 years. On 29.10.2009, a marriage was to be solemnized in the family of his sister-in-law Kanchan who came to his house and requested that the girls may be sent with her to have dinner in the marriage. Upon this, the two girls were sent with Kanchan. They did not return home till 11 O' clock on which, the informant's wife Raju Devi called her sister Kanchan and inquired from her as to why the girls had not returned home. Kanchan replied that her brotherin-law (devar) Anand was bringing the girls to their home on a motorcycle. The girls did not return even thereafter on which, the informant's wife called her brother Shiv Dayal. The informant and his family members became alarmed and started searching for the two girls amongst the known persons. They called Anand on his mobile phone but, he continuously disconnected the calls. Thereafter, he switched his phone off. They continued to search for the girls during the entire night. In the morning at about 7 O' clock, the elder child Mst. 'B' (the victim) was brought home by two guards of the Gangasingh University. The hair of the girl were in an unkempt state. Thereafter, he switched his phone off. They continued to search for the girls during the entire night. In the morning at about 7 O' clock, the elder child Mst. 'B' (the victim) was brought home by two guards of the Gangasingh University. The hair of the girl were in an unkempt state. Her clothes were soiled and she had suffered abrasions all over her body. The informant asked his daughter as to what had happened and inquired about her younger sister upon which, she replied that on the previous night, Anand had taken them on his motorcycle on the pretext that he would drop them home. Instead of doing so, Anand took them to M.D. Colony on which, the girls protested. Anand misled them saying that he had to get petrol for his motorcycle. They were forcibly taken away in the Gochar land. Both of them started to shout on which, Anand beat them up. She was thrown down on the ground. The accused removed her underwear and subjected her to forcible intercourse. She started bleeding profusely. Her sister tried to intervene on which, Anand brutally assaulted her as a result whereof, she fell down unconscious. In this manner, Anand continued to ravish her for about one hour. Then, he went away on his motorcycle. She raised a hue and cry and tried to rouse her sister to consciousness but could not succeed despite making effort. She saw some lights on which, she went towards that direction. Three persons in Army dress met her. She told them of her plight and requested them to search for her sister but, they could not succeed. These Army men (guards) brought her home. On hearing this story of the girl, the informant alongwith Shiv Dayal, Ashok, Deendayal and the two guards (who were working in the University), went towards the Gochar land which was at a distance of 8 kms. from Bikaner and 3 kms. inside the firing range. At about 8 O' clock in the morning, he found his younger daughter Mst. 'G' lying on the ground in an unconscious condition. She was taken to the P.B.M. Hospital in an unconscious condition where she was admitted for treatment. from Bikaner and 3 kms. inside the firing range. At about 8 O' clock in the morning, he found his younger daughter Mst. 'G' lying on the ground in an unconscious condition. She was taken to the P.B.M. Hospital in an unconscious condition where she was admitted for treatment. The informant alleged that Anand took the girls on his motorcycle under the pretext that he would leave them back at home but instead, he took them to the firing range, beat them up, subjected the victim Mst. 'B' to forcible rape and brutally beat the younger girl Mst. 'G' up due to which, she became unconscious. 5. On the basis of the report aforesaid, an FIR No.282/2009 (Ex.P/3) came to be registered at the Police Station Naya Shahar, Bikaner for the offences under Sections 363, 366A, 376 and 323 IPC. The investigating officer cursorily examined the victim Mst. 'B' and noticed numerous marks of abrasions on her person. The investigation was commenced. Both the girls were subjected to medical examination. The blood stained clothes of Mst. 'B' were seized vide seizure memo (Ex.P/4). The place of incident was inspected and blood stained soil was collected from there. The statements of witnesses were recorded under Section 161 Cr.P.C. 6. The underwear of the victim which was found lying at the place of incident was seized vide seizure memo (Ex.P/5). The medical examination of the victim Mst. 'B' was carried out at the S.D.M. Satellite Hospital, Bikaner. Her hymen was found badly torn. Bleeding per vagina was present. Numerous other injuries were seen on her body. The younger sister Mst. 'B' was also medically examined. The accused absconded and could be arrested as late as on 09.02.2010 vide arrest memo (Ex.P/36). After concluding investigation, a charge-sheet was filed against the accused appellant Anand Soni for the offences under Sections 363, 366A, 376 and 323 IPC. Since the offences under Sections 376 and 307 IPC were Sessions triable, the case was committed and transferred to the court of the Special Judge (Women Atrocities Act Cases), Bikaner for trial. The trial court framed charges against the accused for the above offences. He pleaded not guilty and claimed trial. The prosecution examined as many as 16 witnesses and exhibited 41 documents in support of its case. The trial court framed charges against the accused for the above offences. He pleaded not guilty and claimed trial. The prosecution examined as many as 16 witnesses and exhibited 41 documents in support of its case. Upon being questioned under Section 313 Cr.P.C. and when confronted with the circumstances appearing against him in the prosecution evidence, the accused denied the same and claimed to be innocent. He alleged that he had been falsely implicated by the prosecution witnesses owing to oblique motives and that he neither illegally carried the girls on his motorcycle nor did he subject the victim to sexual assault. After hearing the arguments advanced by the prosecution and the defence and, upon evaluating and appreciating the evidence available on record, the learned Trial Judge, proceeded to convict and sentence the accused appellant as above vide impugned judgment dated 07.09.2018 which is assailed in this appeal. 7. Shri H.S.S. Kharlia, learned Senior Counsel assisted by Shri Rishabh Handa, learned counsel representing the appellant, vehemently and fervently urged that the entire prosecution case is false and fabricated. As a matter of fact, the appellant had been engaged to the victim Mst. 'B'. However, the relationship could not be carried further and that is why, the appellant has been falsely implicated in this case. As per Shri Kharlia, since Smt. Kanchan, the aunt of the girls, voluntarily sent them with the accused, the basic ingredient of the offence under Section 363 IPC is not made out against the accused. He further submitted that all the injuries noticed on the body of both the girls were opined to be simple in nature, and thus the offence under Section 307 IPC is not made out from the highest prosecution allegations. He further submitted that the allegation regarding the accused having subjected the victim Mst. 'B' to sexual assault is not established/ corroborated by the medical evidence. He further submitted that the investigation was not carried out in a fair manner. The I.O. should have collected the call details of the mobile phones of all concerned, but, he intentionally avoided to do so and hence, adverse inference should be drawn against the prosecution. 8. In the alternative, Shri Kharlia submitted that the accused was a young boy aged 19 years at the time of incident. The I.O. should have collected the call details of the mobile phones of all concerned, but, he intentionally avoided to do so and hence, adverse inference should be drawn against the prosecution. 8. In the alternative, Shri Kharlia submitted that the accused was a young boy aged 19 years at the time of incident. If at all, the offence was committed, it was under an impulse of uncontrollable lust and thus, the extreme penalty of life imprisonment was not warranted and deserves to be reduced to 10 years R.I. On these grounds, he implored the Court to accept the appeal and acquit the appellant of the charges or to suitably reduce the sentences awarded to him. 9. Per contra, learned Public Prosecutor vehemently and fervently opposed the submissions advanced by appellant's counsel. He contended that the appellant acted with extreme cruelty and brutality. He was trusted with the job of dropping the girls to their house by reposing confidence in him. He breached this implicit faith placed in him by his sister-in-law Smt. Kanchan. Instead of taking the unsuspecting girls to their home, the accused misled them saying that he was taking the other direction so as to get fuel for the motorcycle. This entire endeavour of the accused was aimed at taking the girls to a secluded place and ravishing them for satisfying his lust. In this manner, the girls were kidnapped and were taken to a secluded forest area in the firing range. There, the accused forced himself on to the elder child Mst. 'B'. He forced off her underwear; subjected her to vicious sexual assault with such violence that the girl's hymen was torn apart. She started bleeding profusely. Owing to the brutal power used by the accused to satisfy his depraved lust, numerous abrasions were inflicted to the girl. When the younger sister tried to intervene and save her elder sister, the accused brutally assaulted her with kicks, etc. which were aimed at her head. The blows were so severe that the girl immediately fell down unconscious and could regain her senses on the next day. The accused then went away from the place of incident leaving the girls to face the danger of the forest and the wild animals, reptiles, etc. in the dead of the night. The younger girl blacked out and was recovered on the next day lying unconscious in the firing range. The accused then went away from the place of incident leaving the girls to face the danger of the forest and the wild animals, reptiles, etc. in the dead of the night. The younger girl blacked out and was recovered on the next day lying unconscious in the firing range. It is only with the fortuitous circumstances and gods grace that her life was saved. She could have become the prey of predatory, animals, snakes, etc. while she was lying unconscious in the forest/grazing area. The allegation levelled by the victim Mst. 'B' that the accused subjected her to forcible sexual assault is amply corroborated by the medical evidence of Dr. Meena Chadda (PW10) and Dr. Abdul Raees (PW-13). The medical jurist Dr. Meena Chadda (PW-10) gave positive evidence establishing the fact that the marks of bleeding were present on the external genital of the girl. Her hymen was torn badly. The bleeding was uncontrollable and thus, she was referred to the P.B.M. Hospital for specialist opinion and treatment. Dr. Abdul Raees (PW-13) also gave evidence to the effect that he noticed large number of abrasions on the hands, fingers, neck and back of the child Mst. 'B'. These injuries are sufficient to corroborate the version as deposed by the victim that she was subjected to sexual assault by the accused appellant. On these grounds, learned Public Prosecutor sought dismissal of the appeal seeking a further clarification that the life sentence awarded to the accused should be ordered to enure till his natural life without any possibility of pre-mature release or release on parole. 10. We have given our thoughtful consideration to the submissions advanced at Bar and have gone through the material available on record. 11. Principally, for assailing the impugned Judgment, three submissions were advanced by Shri Kharlia, (i) that the offence under Section 363 IPC is not made out against the accused from the admitted allegation of the prosecution; (ii) that as all the injuries on the person of Mst. 'G' were simple in nature, the charge under Section 307 IPC cannot be sustained; and (iii) that the accused was a young boy of about 19 years as on the date of incident. He committed the offence acting under uncontrolled lust caused by sheer impulse and as such, the extreme sentence of life imprisonment is not warranted and should be suitably reduced. 12. He committed the offence acting under uncontrolled lust caused by sheer impulse and as such, the extreme sentence of life imprisonment is not warranted and should be suitably reduced. 12. In this regard, we have perused the testimony of the prosecution witness Kanchan (PW-1) and the two victims. It is clear from their evidence that at the initial stage, the sending of the girls with the accused was a voluntary act of Kanchan Devi who happens to be their maternal aunt. Thus, had the accused Anand dropped the girls off to the destined location as per the instructions of Smt. Kanchan, manifestly the ingredients of the offence under Section 363 IPC would not be made out against the accused. However, rather than sticking to the instructions, the accused took it as an opportunity to satisfy his lust and took the girls to a different direction. The girls protested on which, he misled them saying that he was going to get fuel filled in the motorcycle. As this point, while acting with deceit, the accused took the girls out of the lawful guardianship of the parents intending to subject them to sexual assault. Under this false pretext, he took the girls to the firing range where, the rape and murderous assault were perpetrated. Manifestly thus, by acting in this manner, the accused definitely, committed the offence under Section 363 IPC. Thus, there is no merit in the contention of Shri Kharlia that the ingredients of the offence under Section 363 IPC are not made out against the accused. 13. So far as the offence under Section 307 IPC is concerned, true it is that all the injuries caused to the younger victim i.e. Mst. 'G' were simple in nature. But, suffice it to say that the accused brutally assaulted her with intention that she should be put out of commission so that he could continue his vile design to ravish the elder sister in an unhindered manner. With this objective, the accused thrashed the girl severely and kicked her on the head with his shoes as a result whereof, she became unconscious and fell on the ground. After having satisfied his lust by sexually brutalizing the elder sister, the accused abandoned both the girls in the middle of nowhere exposed to the elements, during the dead of the night. After having satisfied his lust by sexually brutalizing the elder sister, the accused abandoned both the girls in the middle of nowhere exposed to the elements, during the dead of the night. Since the younger girl was unconscious, manifestly by kicking her to unconsciousness and abandoning her in the open Jungle like area, the accused left her exposed to risk of attack by the animals, snakes, etc. and hence, definitely the knowledge as well as intention to cause death of the girl can be attributed to the accused. As per the evidence of Madhav Sharma (PW-15), who medically examined the girl Mst. 'G' aged 7 years, as many as 9 injuries of which, the injury No.9 was in the form of multiple abrasions on the neck, were noticed on her person. The injury No.1 was located on the parietal region. The injuries No.2 and 3 were located on her left cheek. They were admeasuring 8X3 cms. and 10X4 cms. respectively. The injury No.4 was a lacerated wound on the ear and blood was oozing out therefrom. The girl was examined on 30.10.2009 i.e. the day after the incident and till that time, she was semi-conscious. The medical opinion so given by the doctor clearly establishes that the injuries were inflicted to the girl by kicking her with shoes. Hence, the intention of the accused to kill the deceased can very well be inferred from the circumstances discussed above. As a result, there is no merit in the contention of Shri Kharlia that the charge under Section 307 IPC is not proved against the accused. 14. The submission of Shri Kharlia that adverse inference needs to be drawn against the prosecution because the call details of the accused were not collected by the I.O., is totally perverse. Since the prosecution case is well established by the unimpeachable testimony of the two victim girls, there was no need to seek corroboration thereof by procuring the call details. If at all, the accused was desirous of rebutting the prosecution case on the strength of the call details, he could have summoned and proved the same in defence. Thus, this contention of Shri Kharia is noted just to be rejected. 15. If at all, the accused was desirous of rebutting the prosecution case on the strength of the call details, he could have summoned and proved the same in defence. Thus, this contention of Shri Kharia is noted just to be rejected. 15. As regards the charge under Section 376 IPC is concerned, the sole contention of Shri Kharlia was that the accused, who was a young boy aged 19 years, lost his control owing to raging hormones and thus, looking to his young age, he should be treated with leniency on the aspect of sentence so far as this offence is concerned. However, we are least convinced by this submission of Shri Kharlia. While taking away the girls to a forest rather than dropping them off to home, the accused acted in a calculated manner by breaching the trust of the relatives by. There, he forced himself on to the helpless child Mst. 'B'. The assault was extremely brutal, vicious and forceful. The girl's hymen was torn. She started bleeding profusely and had to be treated at the higher centre. A number of injuries were inflicted to her in this heinous act. The physical marks of violence may disappear with the passage of time but the mental trauma will definitely continue to haunt the child for the rest of her life and she would never forget the brutal scenario. Thus, we are of the firm opinion that the accused acted in a demonic manner while ravishing the child and does not deserve any leniency on the aspect of sentence. 16. As such, we are of the view that the sentence of life imprisonment awarded to the accused by the trial court for the charges under Sections 307 and 376 IPC were indeed called for and do not require any reduction whatsoever. The impugned judgment dated 07.09.2018 passed by the learned Additional Sessions Judge (Women Atrocities Cases), Bikaner does not suffer from any infirmity, illegality or shortcoming whatsoever warranting interference. 17. Thus, the appeal fails as being devoid of merit and is hereby dismissed as such. 18. Record be returned to the learned trial court forthwith. 19. It may be noted here that the appeal is in continuance of the trial. Thus, we hereby direct that maximum permissible compensation shall be paid to the victim as per the presently prevailing schedule of the Rajasthan Victim Compensation Scheme, 2011.