J.S. Khehar JUDGMENT
J.S. Khehar, J.
1. The factual position on which the prosecution version is founded, commences with the passing of information by Savitri Devi (the mother of the prosecutrix VW-PW6), to her husband Jagdish Chander-PW8, on 26.3.1993, at about 6 am. She informed her husband, that the prosecutrix VW-PW6 was missing from their residence. In this behalf it would be pertinent to mention, that on 25.3.1993 at about 10 pm, Jagdish Chander went to sleep in the "baithak" (drawing room) of their residence. Savitri Devi, the mother of the prosecutrix VW-PW6, along with the prosecutrix VW-PW6, and the other children (comprising of three sons, the prosecutrix VW-PW6 and one other daughter), went to sleep in the other rooms of the house. Savitri Devi, told her husband, that she suspected the Accused-Appellant Jarnail Singh, may be responsible for having taken away their daughter.
2. Jagdish Chander-PW8, commenced to search for his daughter. During the course of the aforesaid search, the Accused-Appellant Jarnail Singh, who had his residence in the neighbourhood (of Jagdish Chander-PW8), was also found missing from his residence. The search for the prosecutrix VW-PW6 by her father, proved futile. It is therefore, that Jagdish Chander-PW8, made a complaint Exhibit PO on 27.3.1993 to the Sub-Inspector Incharge, Police Post, Jathlana. In his complaint, he described VW-PW6, as the elder of his two daughters. He gave out her age as about 16 years. He also alleged, that his daughter VW-PW6 had gone missing from their residence in the night intervening 25th and 26th March, 1993. He also alleged, that an amount of Rs. 3,000/- was missing from his house, which he assumed may have been taken away by his daughter VW-PW6, while leaving the house. In the complaint Exhibit PO, the needle of suspicion was pointed at the Accused-Appellant Jarnail Singh.
3. After the registration of the complaint of Jagdish Chander-PW8, the prosecutrix VW-PW6 was recovered on 29.3.1983, from the custody of the Accused-Appellant Jarnail Singh, from the house of Shashi Bhan at Raipur in district Haridwar. The Accused-Appellant simultaneously came to be arrested, on 29.3.1993.
4. The statement of the prosecutrix VW-PW6 was got recorded under Section 164 of the Code of Criminal Procedure before O.P. Verma, Judicial Magistrate First Class, Jagadhri on 6.4.1993. It is necessary in the facts and circumstances of this case to extract herein her short statement recorded under Section 164 of the Code of Criminal Procedure, which is being reproduced hereunder:
Stated that on the night of 25.3.1993 at around 11 pm, I went to a street near my house to answer nature's call. Accused Jarnail Singh and his three accomplices were hiding there. When I got up after answering nature's call, then they caught hold of me and inhaled me something by cloth, due to which, I got unconscious. They took me to some unknown place in U.P. By putting me in some vehicle. There they took me to a room.
Jarnail Singh, forcibly committed wrong (intercourse) with me. I slapped on his face, then he put cloth in my mouth. Therefore, I could not raise noise. Thereafter, everyone committed forcible intercourse with me, turn by turn. Huge blood came out of my vagina, and I felt a lot of pain. Thereafter, police caught us and handed over me to my parents.
5. On