NEKU KHAN & ORS. versus STATE OF RAJASTHAN

NEKU KHAN & ORS. versus STATE OF RAJASTHAN

There was no evidence of marriage between appellant no.1 and the prosecutrix; thus, the conviction for rape and abduction stands. The role of appellant no.2 was established from the evidence of injured witnesses and the prosecutrix. No evidence linked accused nos.3 to 5 with the crime, and their convictions are set aside.

Parties
Appellant No.1: Neku Khan; Appellant: Bakhsu Khan; Appellant: Barkat Khan; Appellant: Ali Sher; Appellant No.2: Same Khan; Respondent: State of Rajasthan
Jurisdiction
India
Judgment Date
07 January 2009
Procedural Posture
Criminal Appeal / Appeal Against Conviction
Outcome
Appeal partially allowed
Legal Topics
Rape, Abduction, Crime Against Women
Criminal Law Rape Abduction Crime Against Women

Case Brief

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Parties

Neku Khan

Appellant No.1

Bakhsu Khan

Appellant

Barkat Khan

Appellant

Ali Sher

Appellant

Same Khan

Appellant No.2

State of Rajasthan

Respondent

Procedural Posture

Criminal Appeal / Appeal Against Conviction

Legal Issues

  1. 1 Whether the prosecutrix was married to appellant no.1 thereby negating the charge of rape and abduction
  2. 2 Whether there was evidence to link accused nos.3 to 5 with the alleged offence

Ratio Decidendi

There was no evidence of marriage between appellant no.1 and the prosecutrix; thus, the conviction for rape and abduction stands. The role of appellant no.2 was established from the evidence of injured witnesses and the prosecutrix. No evidence linked accused nos.3 to 5 with the crime, and their convictions are set aside.

Court Disposition

Appeal partially allowed

Orders

  • Conviction of appellant no.1 (Neku Khan) and appellant no.2 (Same Khan) upheld; they shall surrender to custody to serve remainder of sentence.
  • Conviction of appellants 3 to 5 (Ali Sher, Bakhsu Khan, Barkat Khan) set aside; bail bonds stand discharged.