JUDGMENT

O.P. Bishnoi, J.— These two appeals have been filed by the six accused persons against a judgment dated 18.11.2000 whereby all have been found guilty for the offences punishable u/ss. 366 and 376(2)(g) of the IPC. S.B. Criminal Appeal No. 765/2000 has been filed by Roshan Khan, Yakub Khan, Kadar Khan and Safi Mohd. S.B. Criminal Appeal No. 743/2000 has been filed by Akbar and Jangsher.

2. According to the prosecution story PW-1 Ruliram on 28.4.1999 at 6.00 a.m. lodged a typed FIR Ex.P/1 at police station Bhadra, Distt. Sriganganagar. According to the FIR there was the marriage of the daughter of his brother Gyan Singh and in this connection a feast was arranged by him on 27.4.1999 and his 15-16 years old daughter Lali, who was slightly weak minded, disappeared. When she did not return for considerable time he and other persons proceeded to search her. At about 9.00 p.m. a milkman informed him that he had seen six boys taking away one girl towards ‘Kalyan Bhoomi’. However, till 1.00 a.m. the search remained futile. According to Ex.P/1 at about 1.00 a.m. when Ruliram and his brother Gyan Singh were on their scooter, five boys were noticed in the light of the scooter near the office of Sheep and Wool Department. All the five, seeing the light of the scooter, took to their heels. Further, it was stated that inside the room they found the appellant Akbar having sexual intercourse with Lali who was shouting. According to the FIR, the other appellants were recog­nized in the light of the scooter and further the appellant Akbar informed them that they all had performed sexual intercourse with Lali. According to the FIR, the appellant Akbar was produced at the police station when the FIR Ex.P/1 was produced. A case u/ss. 147 & 376 of the IPC was registered. Ultimately, a challan was filed in the Court of the Judicial Magistrate, Bhadra for the offence punishable u/s. 376/34 of the IPC and the trial was conducted by the learned Additional Sessions Judge, Nohar. All the six appellants were charged for the offences punishable u/ss. 366 & 376(2)(g) of the IPC. All of them pleaded not guilty.

3. PW-1 Ruliram, PW-2 Smt. Lali, PW-3 Gopal, PW-4 Subhash, PW-5 Phoolaram, PW-6 Jailal, PW-7 Dr. Ramlal, PW-8 Shishram and PW-9 Abdul Kayum were examined by the prosecution. None was examined in defence. The appellants in their statements recorded u/s. 313 of the Cr.P.C. denied that they were involved in any such incident. They further stated that neither they were known to the prosecutrix nor the prosecutrix was known to them. The learned trial Judge thereafter heard the arguments and delivered the judgment on 18.11.2000. For the offence punishable u/s. 366 of the IPC, rigorous imprison­ment for 4 years and a fine of Rs. 3,000/- and additional rigorous imprisonment for one month on account of non-payment of fine has been awarded to all the six appellants. For the offence punishable u/s. 376(2)(g) of the IPC rigorous im­prisonment for 10 years and a fine of Rs. 5,000/- has been awarded. On account of non-payment of fine additional rigorous imprisonment for two months has been awarded.

4. I have heard the learned counsel for the appellants and the learned Public Prosecutor for the State and I find that the conclusions drawn by the learned trial Court against the appellants are unsustainable and both the appeals deserve to be allowed. It may be stated at the very outset that the parties are residents of Bhadra and the incident was discovered at about 1.00 a.m. (after midnight). However, according to the prosecution story they went to the police station at 6.00 a.m. There is no good reason to show as to why they did not proceed to the police station soon after the discovery of the incident. Moreover, it is highly suspect that the report

Ex.P/1 was lodged actually at 6.00 a.m. According to the FIR the accused Akbar Khan was produced at the police station at 6.00 a.m. when the report Ex.P/1 was produced. Since the case was registered u/ss. 14