IMPORTANT POINT
The court ruled that the victim's testimony lacked credibility and corroboration, leading to the acquittal of the accused due to the benefit of doubt.

JUDGMENT :

ASHWANI KUMAR MISHRA, J.

1. All these appeals are directed against a composite judgment and order of conviction and sentence dated 11.08.2009, passed by the Additional Sessions Judge, Court No. 2, Bijnor, in Sessions Case No. 622 of 2005 (State Vs. Preetam and others), under Sections 363, 366, 368 & 376(g) I.P.C. arising out of Case Crime No. 549 of 2004, Police Station-Nehtaur, District-Bijnor; whereby accused appellants-Preetam, Ayyub and Lala @ Shakir have been convicted and sentenced to five years rigorous imprisonment alongwith fine of Rs.10,000/- each, under Section 363 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one year; to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000/- each, under Section 366 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one and a half years; whereby accused appellant Preetam has also been convicted and sentenced to life imprisonment alongwith fine of Rs.2,00,000/- under Section 376(g) I.P.C. and on failure to deposit fine to undergo simple imprisonment for two years; accused appellants Smt. Shahjahan, Smt. Gulshan and Javed have been convicted and sentenced to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000/- each, under Section 368 I.P.C. and on failure to deposit fine to undergo one and a half years, each, for simple imprisonment; whereby accused appellant-Kasim has been convicted and sentenced to five years rigorous imprisonment alongwith fine of Rs.10,000/- under Section 363 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one year; he has also to undergo ten years rigorous imprisonment alongwith fine of Rs.20,000/-under Section 366 I.P.C. and on failure to deposit fine to undergo simple imprisonment for one and a half years; as well as to undergo life imprisonment alongwith fine of Rs.2,00,000/- under Section 376(g) I.P.C. and on failure to deposit fine to undergo simple imprisonment for two years. All the sentences are directed to run concurrently.

2. Since all the criminal appeals and jail appeal have been heard together, as such, they are being disposed off by this common judgment.

3. Informant in the present case is the father of the victim (PW-3), who has lodged a written report on 23rd of July, 2004 stating that his 16 year old minor daughter (Victim) has been enticed by the accused Kasim at about 6.00 a.m. on 17.06.2004, which incident has been seen by Jay Prakash son of Sita Ram (not produced) and Dinesh son of Dileep (PW-2). Despite best endeavours, the informant could not trace out his daughter, as such, the report has been lodged. On these allegations, the FIR came to be lodged at 16.25 hours on 28th July, 2004, Police Station-Nehtaur, District-Bijnor, under Sections 363 & 366 I.P.C. arising out of Case Crime No. 549 of 2004.

4. The investigation proceeded further and ultimately the victim has been recovered on 8th of August, 2004. The recovery memo of the victim dated 08.08.2004 is duly exhibited at the stage of trial, where the victim disclosed that on 17.06.2004 at about 6.00, she was engaged in daily ablution when her neighbour (accused) Preetam came and told that her buffalo was released. The victim came to tie the buffalo, whereafter she was told by Preetam that her friend Nargish was standing at the bus station and that she should go and get her. When she came to the bus station, accused Kasim was standing there. It is then that accused Kasim on the threat of a knife forced her to sit on the motorbike belonging to accused Preetam. She was also pressed by the knife and out of fear she sat on the bike of the accused Preetam, whereafter accused Kasim also sat on the same bike behind her. These two persons then took her to a ghass mandi at Nehtaur, where two other accused, namely, Aayub and Lala @ Shakir were present. All four accused took the victim to a mango orchard, whereafter accused Aayub and Lala @ Shakir brought a tempo and a burqa and she was giv