Case Note & Summary
The case involved an appeal against the conviction of Neku Khan for multiple offences including rape under the Indian Penal Code, 1860. The incident occurred on the night of 13-14 September 1984, where the prosecutrix was abducted from her home in Raivada by Neku Khan and others. The prosecution presented several witnesses, including Muse Khan, the brother of the prosecutrix, who testified to witnessing the assault and abduction. The trial court convicted Neku Khan based on the evidence of the prosecutrix and corroborating witnesses, while the other appellants were convicted for lesser offences. The defence argued that the prosecutrix was married to Neku Khan, which would negate the charges of rape and abduction. However, the court found no credible evidence of marriage, as the witnesses presented by the defence could not substantiate their claims. The court upheld the conviction of Neku Khan, citing the strong corroborative evidence against him, while acquitting the other appellants due to lack of evidence linking them to the crime. The court directed Neku Khan and Same Khan to surrender to custody to serve their sentences, while the bail bonds of the acquitted appellants were discharged.
Headnote
A) Criminal Law - Rape and Abduction - Conviction of Appellant No.1 - Indian Penal Code, 1860, Sections 376, 147, 323/149, 342, 458, 366 - The court upheld the conviction of appellant No.1 for rape and related offences based on corroborative evidence from witnesses, while finding no evidence to substantiate the claim of marriage between the appellant and the prosecutrix. The court noted that the evidence presented did not support the defence's claims, leading to the conclusion that the conviction was justified (Paras 1-5). B) Criminal Law - Acquittal of Co-Accused - Indian Penal Code, 1860, Sections 147, 323/149, 342, 458, 366 - The court found insufficient evidence to link the other appellants with the crime, resulting in their acquittal. The lack of corroborative evidence against these appellants led to the decision to set aside their convictions (Paras 6-7).
Issue of Consideration
Whether the conviction of appellant No.1 for rape and related offences was justified and whether the other appellants were rightly convicted.
Final Decision
The Supreme Court upheld the conviction of Neku Khan for rape and related offences while acquitting the other appellants due to lack of evidence linking them to the crime. Neku Khan and Same Khan were directed to surrender to custody to serve their sentences.
Law Points
- Conviction under IPC
- Evidence corroboration
- Marriage as defence
- Abduction
- Rape
