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2019 Supreme(Raj) 747
IN THE HIGH COURT OF RAJASTHAN BENCH AT JAIPUR
SABINA, GOVERDHAN BARDHAR, JJ.
Amit Kumar Sharma – Appellant
Versus
State of Rajasthan – Respondent
D.B. Criminal Appeal Nos. 575, 470 and 672 of 2014
Decided On : 01-07-2019
For the Appellant :Vinay Pal, Advocate, Biri Singh Sinsinwar, Sr. Advocate assisted by Rajesh Choudhary and Ashvin Garg, Advocates
For the Respondents:Javed Choudhary, P.P. and Vipul Jaiman for S.S. Sunda, Advocates
Headnote:
IPC – Sections 363, 366, 342, 506, 376, 376(2)(G) – Appeal against Conviction –Rape Offence – Criminal Procedure – Section 173(8) 161, 164 and 313 –Appeals made by appellants to judgment of conviction and sentence passed by Court of learned Additional District and Sessions Judge whereby learned trial Court convicted and sentenced Victim went with accused Isha Medam to Trehan, she took victim in flat, but except Ishwar Singh no Officer of Board present there when victim inquired that no officer of Board is present there, then Isha Madam served soft drink mixed with some intoxicant after drinking it, she fell in semi-conscious state Isha Madam bolted room from outside – Allegation is that when victim regained her senses, she found that Ishwar Singh had committed rape on her and took her naked photos and prepared a video clip complainant and his wife met Isha Madam told them to drop matter, Complainant started receiving threats on his mobile complainant had to vacate house, shut down his shop and come to Rohtak – Held, Accused-Amit and stated that on way ahead of Dharuheda, Amit sat in car and insisted her to share room in hotel at Pushkar, where he committed rape with her she has also stated that room also booked in name of Amit thus, it cannot be said that accused-appellant has falsely implicated, we are of opinion that possibility that appellant Isha has falsely involved in this case cannot be ruled out appellant-Isha deserves to be acquitted by giving her benefit of doubt, appellant Isha is directed to forthwith furnish personal bond in sum of Rs. 25,000 – Appeals dismissed. (Para 19, 20, 21, 23)
Facts of the case:
Appeals made by appellants to judgment of conviction and sentence passed by Court of learned Additional District and Sessions Judge whereby learned trial Court convicted and sentenced Victim went with accused Isha Medam to Trehan, she took victim in flat, but except Ishwar Singh no Officer of Board present there when victim inquired that no officer of Board is present there, then Isha Madam served soft drink mixed with some intoxicant after drinking it, she fell in semi-conscious state Isha Madam bolted room from outside – Allegation is that when victim regained her senses, she found that Ishwar Singh had committed rape on her and took her naked photos and prepared a video clip complainant and his wife met Isha Madam told them to drop matter, Complainant started receiving threats on his mobile complainant had to vacate house, shut down his shop and come to Rohtak.
Findings of the court:
Accused-Amit and stated that on way ahead of Dharuheda, Amit sat in car and insisted her to share room in hotel at Pushkar, where he committed rape with her she has also stated that room also booked in name of Amit thus, it cannot be said that accused-appellant has falsely implicated, we are of opinion that possibility that appellant Isha has falsely involved in this case cannot be ruled out appellant-Isha deserves to be acquitted by giving her benefit of doubt, appellant Isha is directed to forthwith furnish personal bond in sum of Rs. 25,000.
Result: Appeals dismissed.
JUDGMENT :
Goverdhan Bardhar, J.
1. Challenge in all the three criminal appeals have been made by the appellants to the judgment of conviction and sentence dated 27.3.2014 passed by the Court of learned Additional District and Sessions Judge, Tijara, District Alwar, (for short 'the learned trial Court') in Sessions Case No. 44/2012, State of Rajasthan vs. Ishwar Singh and Ors., whereby the learned trial Court has convicted and sentenced the appellants as under:-
| All the appellants | |
| U/s. 363 IPC: | Five years rigorous imprisonment and fine of Rs. 3,000/-, in default of payment of fine to further undergo two months rigorous imprisonment. |
| U/s. 366 IPC: | Seven years rigorous imprisonment and fine of Rs. 5,000/-, in default of payment of fine to further undergo three months rigorous imprisonment. |
| U/s. 342 IPC: | Six months rigorous imprisonment and fine of Rs. 500/-, in default of payment of fine to further undergo 15 days rigorous imprisonment. |
| Appellants Ishwar Singh & Isha | |
| U/s. 506 IPC: |
|
|
| One year rigorous imprisonment and fine of Rs. 1,000/-, in default of payment of fine to further undergo one month rigorous imprisonment. |
| Appellant-Ishwar Singh | |
| U/s. 376(1) IPC: | Ten years rigorous imprisonment and fine of Rs. 7,000/-, in default of payment of fine to further undergo five months rigorous imprisonment. |
| Appellants Ishwar Singh & Amit Kumar | |
| U/s. 376(1)(G) IPC: | Life imprisonment and fine of Rs. 10,000/-, in default of payment of fine to further undergo six months rigorous imprisonment. |
| Appellant- Isha | |
| U/s. 376/120B IPC: | Ten years rigorous imprisonment and fine of Rs. 7,000/-, in default of payment of fine to further undergo five months rigorous imprisonment. |
| All the sentences were ordered to run concurrently. | |
2. Facts of the case in nutshell are that on 8.6.2012 complainant Vijay Kumar Saini (PW 2) resident of Bhiwadi along with victim (PW 1) and wife PW-17 Smt. Anita submitted written report (Ex. P7) to the Superintendent of Police, Bhiwadi to the effect that date of birth of victim is 22.12.1994. In the year 2009 she was admitted in Class X in Central Academy School, Bhiwadi and she continued her studies in Class XI in this school. There was no teacher of Maths subject in the school and Isha Madam, who was Accountant, used to teach Maths subject. She also used to give tuition to victim at the residence of complainant. In Class XII accused-appellant Ishwar was teaching Physics and Chemistry subjects to the victim in School and he also used to come for tuition to the victim at the residence of complainant. In first Week of January, 2012 Isha Madam came to his house at 12 o'clock noon and told that some Officer of Board had come at Trehan and if they go and meet him, he may extend favour to award good marks to her. Victim went with accused Isha Medam to Trehan. She took victim in a flat, but except Ishwar Singh no Officer of Board was present there. When victim inquired that no officer of Board is present there, then Isha Madam served a soft drink mixed with some intoxicant. After drinking it, she fell in a semi-conscious state. Isha Madam bolted the room from outside. The allegation is that when the victim regained her senses, she found that Ishwar Singh had committed rape on her and took her naked photos and prepared a video clip. When victim told that she would disclose about the incident to her father and mother then these persons threatened her that in case any complaint was made, they would make the naked photos, clips and video public and after recording in C.D., they would sell it in Bhiwadi and would supply to the Cable Operator for display. Ishwar Singh used to blackmail the victim but every time he was assuring her that he would destroy the photos and under this
