JUDGMENT

Servesh Kumar Gupta, J.—The judgment and order of conviction rendered by the learned Additional Sessions Judge, Rishikesh dated 24.5.2013 is under challenge by means of this jail appeal.

2. The charge was levelled against the appellant for the offences under Sections 366/376/342/506 IPC and at the culmination of the trial, learned Additional Sessions Judge was of the view that no offence of any other penal section other than 376 IPC is made out against the accused. So, he convicted him for such offence and sentenced to undergo 7 years rigorous imprisonment nay the fine of rupees five thousand. In default of payment of fine, accused was directed to undergo additional three months’ incarceration.

3. The theme of the offence, as is being adverted from the statement of Km. Shiwani Joshi, aged about 20-21 years, recorded under Section 164 CrPC on 5.12.2011 (two days after the recovery during which she remained under the custody of her parents) as well as from her deposition as PW2 reveals that Km. Shiwani Joshi, coming from an economically weaker section of the society, got employment in the office of accused Mr. Satendra Singh Negi as Personal Secretary-cum-Computer Operator at the wage of rupees four thousand per month way back on 13.10.2010. She was working there in the vicinity of her house situated in Haripur Kalan, Raiwala where the office of Mr. Negi was founded to run a security agency. During the course of such employment almost a year passed and within this period frame, Mr. Negi taking advantage of his dominant position, abused the girl after managing such situation so that she could be made her person available at the dwelling place of Mr. Negi. She was forcibly taken to his bed and rape was committed on her. Threats were extended not to disclose the incident, which could make out the impact on her mind to follow the directions and this situation continued almost for a year. Ultimately, the prosecution story manifests that she eloped on 5.10.2011 along with Mr. Negi on his moped from Rishikesh and from there she was taken to Delhi.

4. The FIR of elopement Ex. Ka-4 was lodged on 5.10.2011. Thereafter another FIR Ex. Ka-5 was lodged on 3.11.2011 by the father of the girl Mr. Ram Kishan Joshi wherein the apprehension was expressed regarding the complicity of certain persons other than the accused.

5. It can attentively be noted that in both the FIRs, the name of accused convict (appellant) has not been mentioned expressing any apprehension or his implication in the crime.

6. The police could arrest the accused as well as the girl on 3.12.2011 from Haridwar city. The accused was sent to the jail and since then he is confining there. After investigation the chargesheet Ex. Ka-16 was submitted for the offences indicated herein above and the charges were accordingly levelled. However, the learned Trial Judge recorded his finding, as aforestated, that the appellant is found guilty only for the offence of Section 376 IPC and passed the order of acquittal for rest of the offences.

7. The medical of the victim was conducted on 3.12.2011 wherein it was found that her hymen was torn, she was habitual of sexual intercourse, her age was about 21 years and no spermatozoa was found in the vaginal smear.

8. I have heard the learned Amicus Curiae as well as learned A.G.A. and feel that the most sterling witness is Ms. Shiwani Joshi @ Dolly herself. She had attained the age of at least 21 years at the time when she joined the services in the offices of Mr. Negi. True that Mr. Negi obliterated her whole personality under the impact of his dashing influence which was shrouded with the feeling of providing employment to her, but even so the girl used to return to her house every day after the office hours during the whole year and she could not muster the courage to disclose the incident to her mother, much less to her father or brother or sister or any other family member or her male friends, which she had. In this regard, chief exa