The prosecution must provide credible evidence supported by corroborating witnesses; failure to examine critical witnesses creates reasonable doubt, necessitating acquittal.

JUDGMENT :

RAMESH CHAND MALVIYA, J.

Heard learned counsel appearing on behalf of the appellant Mr. Rajeev Kumar Singh assisted by Ms. Rushali and Mr. Prabhojot and Mr. A.M.P Mehta learned APP for the State.

2. The present appeal is directed against the Judgment of conviction dated 08.12.2009 and order of sentence dated 10.12.2009 in Sessions Trial No. 219 of 1997/113 of 2009 passed by the learned Additional Sessions Judge, Fast Track Court No.-V, Aurangabad has convicted the appellants under Sections 376 , 379 and 448 of the INDIAN PENAL CODE (hereinafter referred as ‘IPC’) and sentenced them to undergo 10 years rigorous imprisonment and fine of Rs. 5,000/- (five thousand) for the offence punishable under Section 376 of the IPC, rigorous imprisonment for 2 years for the offence punishable under Section 379 of the IPC and rigorous imprisonment for 6 months for the offence punishable under Section 448 of the IPC. The accused/appellant is further sentenced to undergo imprisonment for 6 months in case of non-payment of fine and all the sentences awarded shall run concurrently.

3. The brief facts leading to the filing of the present appeal on the basis of the FIR, the prosecution case in brief is that the informant aged about 45 years became blind prior to her marriage due to chicken pox. On the alleged date and time of occurrence the informant was sleeping on a cot with her nephew Ranjan aged about 7 to 8 years, then the accused asked to open the gate of the door but she did not open the gate. The Shattel train was going towards Dehri at that time. The accused broken the rope of the gate and entered into the house of the informant. The informant recognized the accused from his voice. The accused caught hold the hand of the informant. The informant raised alarm but the accused closed his mouth by his Gamcha (towel). The informant started to protest but the accused forcibly caught hold her hands by his one hand and started to commit rape with her after removing sari and petticoat. The accused committed the rape with her about 5-6 minutes, The accused took away Rs. 200/- of the informant tied in her Anchal and fled away. The Gamcha (towel) of the accused remained there. The informant (victim) raised alarm after departure of the accused. On hearing alarm Ajay Kumar, Sachita Kahar, Mallua who were patrolling there came then the victim told them about the occurrence. But they proceeded from there silently. The accused had threatened the victim at the time of his departure not to tell anything to anyone otherwise to face dire consequences. The victim slept in the night in her house and in the next morning, she went to the colony of Irrigation Department and she massage there the ladies resident of the colony. Thereafter she returned to her house, took bath and prepared the meal and after taking meal, she came to police station with her nephew Ranjan.

4. On basis of the statement of the victim, Nabinagar P.S. Case No 59 of 1995 for the offence punishable under Sections 448 , 376 and 380 of the IPC was registered. Investigation was taken up and after completion of investigation, charge-sheet was submitted under Sections 448 , 376 and 380 of the IPC against the sole accused/appellant. Thereafter, the learned Chief Judicial Magistrate, Aurangabad took cognizance of offence and transferred the case to the Court of Judicial Magistrate I^st Class, Aurangabad for commitment and the same was committed on 11.07.1996 to the Court of Sessions.

5. The prosecution examined altogether 6 witnesses to substantia