Honble SABHARWAL, J.–The appellant has been convicted by the trial Court for wrongful confinement (Sec.346), abduction (Sec.366) and rape (Sec.376). On conviction, rigorous imprisonment for a period of seven years and fine of Rs.10,000/- for offence u/Sec. 376 and lesser punishments for other offences were imposed. The conviction and sentence has been maintained in appeal by the High Court in terms of the impugned judgment which is under challenge on grant of leave.

(2). The appellant at the relevant time was posted as a Constable in the Prohibition Wing of Conoor Police Station. The victim, PW- 1, was a young, recently married rustic woman. The commission of crime on the person of the victim by a Police Constable has also been fully established and is not a matter in issue. The issue that has been raised in this appeal is about the identity of the accused.

(3). The established facts are that during March 1989, PW-1, her husband (PW-2), Uncle of PW-2 (PW-4) and their other relatives pursuing the profession of lead coating to vessels/utensils, used to go from place to place for the purpose of their profession. At the relevant time, they were at Kethi in Udhagamandalam for the said purpose. Their native place is Pondicherry. On the night between 11/12.3.1989, while all these persons were sleeping on the bus stand, a Police Constable came in a taxi at about 1.00 a.m. and asked PW-1 and PW-2 about their identity and profession. On PW-1 replying that PW-2 is her husband and they had come for the purpose of their profession of lead coating to vessels, they were told that there was a suspicion on them and were asked to board that taxi. Under these circumstances, they were made to board the taxi. After covering some distance, PW-2 was pushed out from the taxi and when asked why was he pushed out, PW-1 was told that her parents had made a complaint and she had to be interrogated alone. She was forcibly taken into a room in Woodlands Hotel at Udhagamandalam. The room was bolted from inside and rape committed on her. In the morning, the taxi-driver came and tapped the door, the Police Constable went inside the bathroom instructing the driver to bring the taxi. When he was in the bathroom, PW-1 bolted the door from outside and came out of the hotel. PW-1 thereafter with the help of an old man reached the bus stand and narrated the incident to PW-2 and PW-4. They then went to the Police Station Kethi and she narrated the incident which was reduced into writing by Sub-inspector of Police. It is Exhibit P/1. Exhibit P/1 was signed by PW-1. PW-12 registered a case u/Ss. 366 & 376 IPC and submitted it to the Inspector of Police. Exhibit P/19 is the First Information Report. PW-13, the Inspector of Police received a copy of Exhibit P-19 and recorded statement of PW-1 and PW-2 and thereafter sent PW-1 for medical examination in the hospital. As the accused was serving in the police department, PW-13 submitted the file to the Revenue Divisional Officer (PW-14). Exhibit P-20 is the letter written by PW-13 submitting the file to PW-14. The accused was not available wen P 14 searched for him. All this happened on 12th March.

(4). On 13.03.PW-14 went to the hospital and seized the clothe worn by PW-1 and arrested the accused in Woodlands Hotel. As the accused was in intoxicating mood, a certificate from the doctor was obtained. The clothes of the accused were also seized. The car driver (PW-5) and the cleaner (PW-6) were located at 10.00 p.m. and so also the taxi. PW-14 recorded the statement of PW-5, PW-6 and PW-7 on 13th March. PW-7 is a car mechanic in whose presence taxi was hired for conducting a raid. Accused was sent for medical examination on 14.3.1989. The car was also seized on 14th March under Exhibit P-23 and PWs 5, 6 & 7 were arrested. The doctor who examined PW-1 appeared as a prosecution witness (PW-10). PW-1 told PW-10 that she had been raped by a Police Constable. PW-15 another doctor, who examined the accused at 11.15 a.m. on 14.03.fou

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