REPORTABLE

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO.1798 OF 2008

Wahid Khan

…..Appellant

Versus

State of Madhya Pradesh

…..Respondent

J U D G M E N T

Deepak Verma, J.

1.

A minor girl aged about 12 years was subjected to

rape by the appellant on 14^th October 1988. The appellant was

charged and prosecuted for commission of offence under

Sections 366 and 376 of the Indian Penal Code (for short,

‘IPC’) and the co-accused Sneh Lata was charged under

Sections 342 and 366, IPC in the Court of III Additional

Sessions Judge, Bhopal in Sessions Case No.53/89.

2.

Judgment was pronounced in the said Sessions Case on

17^th May 1991 wherein and whereby co-accused Sneh Lata was

acquitted of the charges levelled against her, but the

appellant was found guilty of commission of offence under

Section 376, IPC and was awarded seven years’ rigorous

imprisonment. Insofar as the charge levelled against him

under Section 366 was concerned, he was acquitted by the said

court.

3.

Feeling aggrieved by the said judgment of conviction,

appellant preferred Criminal Appeal No.548 of 1991 in the

High Court of Madhya Pradesh at Jabalpur. Learned Single

Judge, after considering the matter from all angles, came to

the conclusion that the findings recorded by the learned

Sessions Judge were based on material evidence available on

record, thus, proceeded to confirm the findings of guilt as

also the punishment awarded to him by judgment dated 29^th

September 2006.

4.

It is against this judgment, the present criminal

appeal by special leave has been preferred by him.

5.

Facts, which are in short compass, are mentioned

hereinbelow.

6.

Although the prosecutrix-P.W.1 was resident of

Gadarwara, she had come to Bhopal about four months prior to

the date of occurrence. In Bhopal, she was staying with her

relative. She had gone to an Ayurvedic Hospital for

treatment where she came in contact with acquitted co-accused

Sneh Lata, who showered love and affection on her. Thus,

she was allured by Sneh Lata and went to stay with her. The

record shows that she was kept in wrongful confinement at her

house. She used to be beaten up and was not allowed to leave

the house. Many boys and girls used to visit the said house

of Sneh Lata.

7.

On 14^th October 1988, she gave Rs.10/- to the

prosecutrix, with which the prosecutrix went to Bhopal

Talkies to watch the matinee show. After the movie, when she

came out of the theatre, she found a few boys standing there

who started teasing her. In the meanwhile, the appellant-

accused Wahid came there in his auto who voluntarily offered

to help her. She requested him to drop her to her relative's

place but instead of taking her to the house of relative of

the prosecutrix, he proceeded towards airport via Lal Ghati.

She tried to stop the accused from proceeding in the wrong

direction, but, he continued to ply the auto-rickshaw. In

the darkness, near bushes he stopped the auto and used filthy

language against her. He also threatened to kill her if she

raised hue and cry. After gagging her mouth, he took her to

the nearby bushes and removed her under-garments. He also

removed his pants and under-garments and committed rape on

her. At that very point of time, some sharp light came

followed by two police personnel coming there and catching

him red-handed while performing intercourse with the

prosecutrix.

8.

Both of them were taken to the Bairagarh Police

Station where FIR (Exh. P-1) was lodged by the prosecutrix.

She was sent for her medical examination and accused was also

sent for his medical examination.

9.

After usual investigation, chargesheet was filed

against appellant and co-accused Sneh Lata for commission of

offences as mentioned hereinabove for which