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TMI Blog2009 (2) TMI 934X X X X Extracts X X X X X X X X Extracts X X X X ..... rigorous imprisonment for 7 years, 3 years, 4 years, 5 years and 7 years for the aforesaid offences alongwith fine with default stipulation. 3. Prosecution version as unfolded during trial is as follows: On 18.7.1999, the victim (PW10) boarded the bus to Shimla from Solan. When the bus bearing registration No. HP-12-4113 reached near petrol pump (HIMFED) situated near Nav Bahar towards Chotta Shimla, all the passengers got down, except the prosecutrix and accused-appellant Arjun Singh. Accused Arjun Singh committed forcible sexual intercourse with the prosecutrix against her will and without her consent. The victim was kidnapped by the accused who was minor at the time of kidnapping in bus No. HP-12-4113 from Solan. The accused had indu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... trial court while holding the appellant guilty, acquitted co-accused. As noted above, appeal before the High Court was dismissed. 4. In support of the appeal the stand taken before the trial court and the High Court were reiterated. 5. Learned Counsel for the respondent-State supported the judgment of the High Court. 6. So far as the age aspect is concerned in Vishnu v. State of Maharashtra 2005 CriLJ 303 it was inter alia held as follows: 20. It is urged before us by Mr. Lalit that the determination of the age of the prosecutrix by conducting ossification test is scientifically proved and, therefore, the opinion of the doctor that the girl was of 18-19 years of age should be accepted. We are unable to accept this contention for the r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ects the dignity of a woman. The offence of rape in its simplest term is 'the ravishment of a woman, without her consent, by force, fear or fraud', or as 'the carnal knowledge of a woman by force against her will'. 'Rape' or 'Raptus' is when a man hath carnal knowledge of a woman by force and against her will (Co. Litt. 123-b); or as expressed more fully,' rape is the carnal knowledge of any woman, above the age of particular years, against her will; or of a woman child, under that age, with or against her will' (Hale PC 628). The essential words in an indictment for rape are rapuit and carnaliter cognovit; but carnaliter cognovit, nor any other circumlocution without the word rapuit, are not sufficie ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... abetment and (2) no express provision is made in the IPC for punishment for such an abetment. This section lays down nothing more than that if the IPC has not separately provided for the punishment of abetment as such then it is punishable with the punishment provided for the original offence. Law does not require instigation to be in a particular form or that it should only be in words. The instigation may be by conduct. Whether there was instigation or not is a question to be decided on the facts of each case. It is not necessary in law for the prosecution to prove that the actual operative cause in the mind of the person abetting was instigation and nothing else, so long as there was instigation and the offence has been committed or the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 109 IPC is concerned only with the punishment of abetment for which no express provision has been made in the IPC. The charge under Section 109 should, therefore, be along with charge for murder which is the offence committed in consequence of abetment. An offence of criminal conspiracy is, on the other hand, an independent offence. It is made punishable under Section 120B for which a charge under Section 109 is unnecessary and inappropriate. {See Kehar Singh and Ors. v. The State (Delhi Admn.) 1989 CriLJ 1 ]. Intentional aiding and active complicity is the gist of offence of abetment. 12. In the background of the facts Section 109 IPC has no application. 13. Above being the position, we uphold the conviction of the appellant for the of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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