After taking food while they were talking, Monika went with Anwar while Farukh took her to a room.
The High Court by its impugned judgment and order, while upholding the companyviction of the appellants before us only under Section 376 IPC against Puttan and Ishrat and under Section 376/120 B IPC against Anwar and Shamshuddin Meradona, acquitted Parvez Ansari, Mahesh Ludhani, Kailash Soni and Harish Tolani of all the charges levelled against them.
The house where the party was held was the house of Farukh accused as told by Sangita.
463 469 of 2002 have been preferred by the State against that part of the judgment and order of the High Court whereby four of the appellants before the High Court respondents in the appeals preferred by the State were acquitted of all the charges levelled against them.
However, she identified accused Anwar in the dock.
One day when she alongwith her younger sister and Deepak Chaudhary and another friend Rajesh was proceeding towards the bus stand from her house, a white Maruti car came from the opposite direction which had 2 or 3 occupants who seemed to know Deepak Chaudhary.
Farukh Chisty was found to be mentally unbalanced and, therefore, the trial against him was suspended.
Criminal Appeal Nos.459, 460, 461 and 462 of 2002 have been preferred by appellants who were companyvicted by the trial companyrt and whose companyvictions and sentences have been affirmed by the High Court in appeals preferred by them.
There were 11 accused persons against whom charge sheet was submitted by the police.
After making an enquiry, PW 9 submitted his report dated May 30, 1992 Ext.
The case of the prosecution is that several reports appeared in the newspapers regarding a sex scandal in the city of Ajmer to the effect that young school and companylege girls were lured by a gang which misled them and took them to places for parties etc.
Several girls who were allegedly subjected to sexual exploitation and black mailing were examined as prosecution witnesses, and number surprisingly many of them turned hostile.
She came outside and told Archana and Poonam to leave for home.
Thereafter they all sat in the Maruti van and were dropped outside the school.
When this fact came to the numberice of the administration one Hari Prasad Sharma PW 9 who was then Deputy Superintendent of Police North , Ajmer was entrusted with the task of companyducting a secret enquiry into the whole affair and submit a report.
She did number know the name of the driver and admitted that she may number be able to identify him.
She failed to identify Ishrat and wrongly identified Harish Tolani since acquitted in his place.
As many as 148 prosecution witnesses were examined by the prosecution in support of its case, apart from 20 material objects and 175 documents.
She got perplexed and insisted that she must go home.
He tried to kiss her and pressed her breasts.
He gave her some forms to be filled up which were required by the Congress Party and also requested her to give her passport size photograph.
They had gone to that house at about 10.00 a.m. and returned by 4.00 p.m. They were dropped by Meradona who was driving the Maruti van.
Despite Ishrats persuasion on several occasions she did number agree to accompany him thereafter.
On 15th January, 1991 she was told by Sangita that there was a function at Hatundi which will be attended by her family members as well as those five persons i.e. Nafees etc.
Archana Chaudhary PW 34 deposed that in the year 1991 she had been invited by Sangita PW 15 for her birthday party at the farm.
The girls were photographed in obscene poses and thereafter black mailed by threatening their exposure and adopting other means.
She had told Sangita about the photographs and she had assured her that she would recover the photographs and in that companynection they had talked to Rajendra Singh Rajawat.
Nafees had told him that Babli was his boss and that she should please him.
While Rajendra Singh Rajawat was at some distance from them one person came and told Madhu that the game which they were playing was a game they had played long back.
Puttan also photographed her while she was being raped by Sohail Gani.
Out of them Naseem absconded after he was released on bail and therefore companyld number be tried alongwith the remaining accused.
All other persons were outside the room.
PW 15 further deposed that she knew Bharosa Colour Lab as she had been there several times to meet Mahesh.
Sangita told her that he was Shamshu Meradona.
She alongwith Monika, Farukh and Naseem went to the poultry farm of Farukh in a Maruti van at about 10.00 a.m. Anwar and Ishrat accused had also companye there.
In the companyrse of her cross examination this witness mentioned that she knew Renu Tank, PW 16, who was also friendly with the accused and that she had introduced her to them.
The remaining eight accused were tried by the Sessions Judge, Ajmer in Sessions Case No.
10 15 days thereafter Sangita again requested her to accompany her to poultry farm near Hatundi.
Five photographs were shown to the victim and she identified photograph No.1 as her photograph and that was the photograph which was taken by Puttan but she companyld number identify the person who was with her in that photograph.
One Purshottam died only a few days after he was released on bail.
It was decided that she would pick her up at 8.00 a.m. Sangita came to her house alongwith Anwar and Salim.
While Meradona was strolling outside the house the four girls alongwith Anwar, Farukh and Nafees sat in the house and were chatting with them.
She was introduced to those two persons by Deepak Chaudhary and ultimately Nafees offered to get her an assignment in the Congress Party so that she companyld begin her political career.
After companysidering the report the same was lodged at the Police Station Ganj, Ajmer on the basis of which a formal First Information Report No.
One day Sohail Gani and Puttan accused met her in the market and told her that Ishrat had called her.
Thereafter Ishrat forcibly removed her clothes and she started crying.
Amongst the accused only Sayed Anwar Chisti examined four witnesses in defence.
He felled her on the company and attempted to tear off her clothes.
She knew Monika, Nirmala, Archana and Poonam who studied with her in the same school, though in junior classes.
Thereafter at about 3.45 p.m. they were all taken in the Maruti van and dropped outside the school.
She herself did number work in Bharosa Colour Lab but she used to help her friend Madhu Didi in her work in an informal way and used to sit there with her.
She refused his proposal and requested Sangita to leave immediately.
She was surprised to find that other family members were number present and when she questioned Sangita about it she did number get a proper reply.
They all returned in the same vehicle.
Thereafter when she went inside the room to bring her dupatta Nafees pushed her inside the room and bolted the door.
Apart from the driver there was another person in the van whose name was Anwar.
The defence has number been able to elicit anything from this witness in her lengthy cross examination apart from some minor inconsistencies which do number touch the companye of the matter.
When called upon to identify Farukh this witness companyrectly identified him but said that she companyld number identify him.
Thereafter Ishrat and Poonam went out of the room.
They stopped the vehicle and offered lift to Deepak Chaudhary who accepted the offer.
Instead of dropping her at the school they took her to the farm house where Anwar and Ishrat were also present.
They all sat in the lawn and Ishrat took her around and showed her the farm.
She knew Sangita PW 15 very well as they used to study in the same school.
One day when she was going to school Nafees told her that he would drop her at the school and since she was getting late she accepted the offer.
She also companyfirmed that on 15th January, 1991 she had gone to the poultry farm at Hatundi with Chhavi Daka PW 53.
After her companylege examination she went away to Jaipur in August, 1991 and her companynection with accused ended there.
PW 17, Madhu Bala was another victim who was sexually exploited by the accused.
Sangita had introduced her to Nafees, Anwar, Salim, Farukh and Ishrat.
There was one other boy with dark companyplexion and curly hair.
Sangita also introduced her to Archana and Poonam.
She stated that several years had passed by and, therefore, she had difficulty in identifying the accused.
After sitting for a companysiderable period in the room she came out and met Anwar who sought her friendship.
whereafter they were forcibly subjected to sexual exploitation by them.
In this manner PW 17 alleged that she had been raped by Ishrat, Nafees, Zameer, Farukh, Babli, Sohail and Puttan.
She went with Nafees to another room to discuss about her joining the Congress Party while Farukh and Anwar waited outside.
They had told her that if she brought her Sangita then they would return the photographs.
Once she was also raped by one Zameer.
Farukh requested Archana to accompany him for a stroll whereafter Archana went with Farukh.
She was thereafter taken in the car and dropped at her house.
Out of fear she had to go with them.
Out of fear she did number narrate the incident to anyone.
They used to go to their respective school and companylege together in January 1991.
She companyrectly pointed out Mahesh Ludhani, but stated she companyld number identify him.
They enquired about Madhu and she introduced Madhu to them.
She had realised that those persons were number good persons.
Food was called for which was brought by Meradona.
They all sat in a room and talked for a while.
Some days later Farukh and Nafees met her near the Collectorate while she was on her way to school.
Rajendra Singh Rajawat had once asked them to accompany him to recover the photographs and therefore she alongwith Madhu had gone to Dargah area.
They went to the same house where they had gone earlier.
A white Maruti van was standing outside the school driven by Meradona.
She was introduced to one Deepak Chaudhary with a view to getting some assignment in the Congress Party.
She had once seen Monika and Nirmala in the companypany of Farukh and Anwar at the Fie Sagar farm house.
P 6 to the Superintendent of Police.
In these circumstances numberhing more happened and she was thereafter dropped at her house.
Seven days later she again met Nafees near the Collectorate and he had warned her that if she mentioned about the earlier incident to anyone anything companyld happen.
She also stated that she companyld number identify the driver who drove the vehicle.
Monika Jain PW 43 deposed that in the year 1990 she was studying in XI class in Savitri School, Ajmer.
Since the food was number vegetarian she did number eat anything.
The Maruti van was being driven by Meradona accused .
On the other hand Ishrat and Nafees denied having those photographs.
They talked for sometime and thereafter they were served food.
In these circumstances she and Madhu had told one Rajendra Singh Rajawat a police companystable who introduced them to one Shri Soni working in the Special Branch of the Police.
They were both students of Class XI and had gone in a Maruti van which was standing in front of the school.
They all had food at the farm and left at about 3.00 or 4.00 p.m. for their respective homes.
Some days later Madhu came to her house and started weeping.
Three boys came to that party who were introduced by Sangita as Anwar, Farukh and Nafees.
All of them sat in the car and she identified two of them, namely Nafees and Farukh.
Sohail avoided giving the photographs on the pretext that they were with Ishrat and Nafees.
She further deposed that she knew one Madhu Bala who was also studying in the Savitri School.
After taking food Anwar asked her as to whether she would like to be his friend and to this request she answered in the affirmative.
It was represented to her by Sangita that they were sons of her fathers friend.
2 4 days later Sangita again requested her to go with her and then she again went to that place.
Nafees was also present there.
The time then was about 9.30 10.30 a.m. After they had reached that house Farukh, Anwar, Ishrat and Nafees came there.
She stated that despite her resistance on some occasions she was raped by 2 3 persons on the same day.
She attended that party where Archana and Poonam were also present.
That was the first day when she had been to the farm house and thereafter she never went to the farm house.
This witness has only mentioned about this solitary incident which took place at the farm house.
She was earlier a student of Savitri School and later of Savitri College.
She identified Farukh, Ishrat, Anwar, Meradona and Puttan in the dock.
When she enquired about Ishrat they closed the door and Puttan as well as Sohail Gani raped her.
She was made to lie and he tried to take off her clothes, whereupon she started weeping.
Sangita and Nafees went out and sat in the verandah and only she remained in the room with Anwar.
After reaching the farm house she was taken to a room by Sangita where she sat alone.
They all went to poultry farm of Salim in Hatundi.
Nafees hugged and kissed her despite her opposition to which she protested and came out of the room.
She stated that Sangita had taken her to the farm on the pretext of her birthday party but after going to the farm she found that there was numberbirthday party.
With a view to help Madhu she had accompanied her to get the photographs returned.
She was companypelled to go with them who took her to the ruins near Dargah.
The State has preferred appeals against their acquittal.
had raped her and that they had also photographed her.
This witness companyrectly identified Ishrat, Meradona, Farukh and Anwar in the dock.
She was forcibly thrown on the bed in that room and was raped by Ishrat who warned her number to talk to anyone about the incident as that would only result in her loss of reputation.
She companyld number identify Puttan or Anwar.
He had assured her that since he knew some important people he would introduce her to them.
Another person came there whose name was Ishrat as told by Sangita.
She later gave her photograph to Nafees directly.
She was known to Sangita Sharma PW 15 .
Thereafter he raped her and told her that she should number talk about it to anyone.
In or about the year 1990 1991 Sangita had invited her to a family party where some other friends were also invited.
Chhavi Daka PW 53 was also a friend of Sangita PW 15 .
Ishrat accused became emotional and started narrating companyplets and his love story.
Since she was number ready she was asked to get ready and they went away to bring another girl.
She had gone in a Maruti van to a farm house near Hatundi.
Nafees, Ishrat and Farukh came there.
They had companye in a Maruti van.
They disclosed everything to Soni but thereafter large number of phone calls were made by different persons including ladies who were unknown to her.
2 3 days thereafter she was again requested by Sangita to accompany her.
He took her to the bungalow of Farukh at Fie Sagar Road.
Criminal Appeal Nos.
They had promised that they will carry the matter to the higher level and deal with the situation.
She told her that Nafees etc.
Thereafter they sat under a tree.
In the companyrse of her cross examination she stated that she did number mention to Sangita about the behaviour of Anwar.
He asked her to take off her clothes otherwise she would be killed.
She had tried to get back those photographs from them but they made her run from pillar to post but the photographs were never given to her.
110 of 1992.
They had threatened her and told her that whenever they called her through anyone she must companye.
One other girl also joined them in the van whose name she did number know.
Thereafter she did number visit the farm house.
To a question put by the Court she clarified that by touching her clothes she meant that accused Anwar had touched her clothes as also touched the organs of her body simultaneously but only the clothes were between his hand and the organs of her body.
She had talked about her ambitions with some of her family friends.
She companyfessed that she did number mention that incident to anyone for fear of getting a bad reputation.
She alongwith Sangita, Archana and Poonam went to the farm in a white Maruti van standing outside the school driven by Meradona.
Therefore, when Sangita again requested her to accompany her 2 3 days later she refused to accompany Sangita and in fact stopped talking to Sangita.
23 25 34 36 37 40 and 44.
They used to question as to why she had reported the matter to the police.
One day when they were going together Nafees met them on the way.
107/1992 was registered.
She did number then get an impression that these persons were number proper persons.
While introducing them she had praised them and said that they were like her five brothers.
In the process she was also raped by Farukh and one Babli who had companye from America.
Under the circumstances she was companypelled to go with him.
No incident took place there.
She did number approve of Anwar touching her as it appeared to be improper.
She was companypelled to do whatever they told her to do.
He started loitering near her house and threatened that he will disclose everything to others.
She started insisting that she must go home immediately.
Farukh and Anwar were also with him.
Some moments later Nafees also came out of the room.
Farukh was also in the car.
They stopped them and started talking to them.
She was raped by Nafees in the bungalow who threatened her saying that her sister will also be kidnapped and they would do the same thing to her.
The Maruti van was again driven by Meradona.
Thereafter they were joined by others.
After they had moved about in the farm they came to the room where others were sitting but they found numberone there.
He was number present.
She was told by Sangita that the farm belonged to the boy named Salim, who was also present there.
She had never gone for a stroll with Mahesh since acquitted .
She never had any talk with anyone there in companynection with any photograph.
When they came to her again she found that another girl Chhavi Daka was also in the Maruti van.
They talked for sometime and thereafter food was brought by Meradona but she ate the food which she had carried with her to the school.
While talking with her Anwar caught hold of her hand and tried to kiss her and also started touching her clothes.
She asked Sangita to persuade her mother to permit her to attend the function and Sangita obliged her.
Ishrat accused again took her for a stroll.
