The prosecution failed to prove the appellant's guilt beyond reasonable doubt due to lack of corroborative evidence and significant inconsistencies in the victim's testimony.

JUDGMENT :

(RAMESH CHAND MALVIYA, J.)

Heard learned counsel for the appellants and learned APP on behalf of the State.

2. The present appeal has been filed under Section 374(2) of the Code of Criminal Procedure, 1973 (hereinafter referred as ‘Cr.P.C.’) challenging the Judgment of conviction and order of sentence dated 18.03.2013 passed by the learned Ad-hoc Additional Sessions Judge-IV, Aurangabad in Sessions Trial No. 188 of 1995 / 114 of 2011 arising out of Baroon P.S. Case No. 131 of 1988, instituted for an offence punishable under Sections 376 , 354, 384 and 347 of the INDIAN PENAL CODE whereby and where under sole appellant has been sentenced to undergo rigorous imprisonment for period of two years for committing an offence punishable under Section 354 of the INDIAN PENAL CODE and further for rigorous imprisonment for two years for offence punishable under Section 384 of the INDIAN PENAL CODE with a direction that both the sentence shall run concurrently.

3. Heard Mr. Sanjay Parasmani, learned counsel for the appellant assisted by Mr. Raushan Kumar and Mr. Bipin Kumar, learned APP for the State.

4. The brief facts leading to the filing of the present appeal is that as per the fardbeyan of the informant, on 07.09.1988 at Town P.S. Daltongunj alleging there in that on 30.8.1988, informant boarded bus namely Rup Rekha bearing bus no. BEZ/8182 carrying 15 kg Kattha along with her companion Babu Ram Halwai. In the way, conductor of the bus Delip Kumar demanded Rs. 200/- otherwise he will produce her to police for institution of case. Due to non-payment of money conductor of the bus got her down at Baroon and told to owner of the bus Baliram Singh that she has kept illegal Kattha. Baliram Singh took the Kattha and he also demanded Rs. 500/- in lieu of Kattha. Dilip Kumar Singh went to Sasaram and he returned along with bus at Baroon at 3.00 pm. Kattha was given to Baliram Singh and conductor of the bus brought the informant and Baburam Halwai from Baroon to Daltongunj. Dilip Kumar Singh conductor of the bus kept the informant in Koyal hotel at Daltongunj showing her as his mother and committed rape in night. In next morning Dilip Singh brought the informant at Baroon by Rup Rekha bus and told the owner of the bus and asked him to return the Kattha without taking money and he went to Sasaram. Baliram Singh was ready to release the Kattha after payment of Rs. 6,500/-, but she could not pay the amount, then he brought her in a room by the side of Atta Chakki (flour mill) got her undressed and snatched away Rs. 200/- and at about 2.00 PM, he committed rape on informant after threatening. Appellant kept her Payal and some quantity of Kattha with him and rest handed over to her. After four days, informant returned from Banaras. After receiving Rs. 340/-, Baliram Singh gave her Payal and she went to her house. She narrated regarding the occurrence to the persons of Arhat at Daltongunj. Appellant-Dilip Singh was caught with the help of Badri Pandey and he was produced at Town P.S. Daltongunj, where his fardbeyan was recorded and the same was forwarded to Baroon P.S. on 07.09.1988 and on 11.9.1988, F.I.R. was instituted accordingly at Baroon P.S.

5. On the basis of fardbeyan of informant, F.I.R. was registered as Baroon P.S. Case No. 131 of 1988 on 11.09.1988. After completing investigation, Investigating Officer submitted charge sheet under Sections 376 , 354, 384 and 347 INDIAN PENAL CODE against the appellant. Accordingly, cognizance of offence was taken by learned Chief Judicial Magistrate and case record was transferred in the court of Judicial Magistrate-Ist Class, Aurangabad, for commitment where the case was committed to the Court of S