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2019 Supreme(Raj) 2932
IN THE HIGH COURT OF RAJASTHAN AT JAIPUR BENCH
Kanwaljit Singh Ahluwalia and Goverdhan Bardhar, JJ.
Bhagwan Singh - Appellant
Versus
State Of Rajasthan - Respondent
Criminal Appeal No. 44 of 2014, 835 of 2013, 134 of 2014
Decided On : 17-05-2019
Moharpal Meena, Adv., Kapil Gupta, Adv., Ajay Gadhwal, Adv., Anshuman Saxena, Adv., Alka Bhatnagar, Adv.
A woman's consent to accompany a man to the market does not imply consent to sexual intercourse.
Headnote:
RAPE - SECTION 376(2)(G) IPC - CONVICTION - SENTENCE - MODIFICATION - AGGRAVATING AND MITIGATING CIRCUMSTANCES - COMPENSATION TO VICTIM.
Fact of the Case:
The prosecutrix, a 25-year-old woman, was taken to a room by the accused Ravindra Kumar @ Ravi, where Lakhan Saini and Bhagwan Singh were already present. The three accused overpowered the prosecutrix and committed rape. The prosecutrix lodged an FIR immediately after the occurrence.
Finding of the Court:
The court held that the prosecutrix was not a consenting party and that the accused had planned to outrage her modesty. The court also held that the accused had not misused the video clipping purportedly made at the place of occurrence.
Issues: Whether the prosecutrix was a consenting party.
Ratio Decidendi: The court held that mere consent of a woman to accompany a man to the market is not sufficient to infer that she was a consenting party to perform sexual intercourse also. A woman is entitled to say 'No' and a man has to respect the 'No' of a woman.
Final Decision: The court reduced the sentence of life imprisonment awarded by the trial court upon the accused-appellants to ten years rigorous imprisonment. The court also directed the Secretary, Rajasthan State Legal Services Authority to pay compensation to the victim under the Victim Compensation Scheme.
JUDGMENT
Kanwaljit Singh Ahluwalia, J. - Ravindra Kumar @ Ravi, Lakhan Saini and Bhagwan Singh were tried by the Court of Special Judge, Woman Atrocities & Dowry Cases, Jaipur, for the offence of gang rape falling within the ambit of Section 376(2)(g) IPC. The trial court vide impugned judgment dated 18.10.2013 held all the above three accused guilty of offence under Section 376(2)(g) IPC. Having convicted the appellants of above said offence, the trial Judge vide a separate order dated 19.10.2013 sentenced each of the appellants to undergo life imprisonment and to pay a fine of Rs.25,000/- each, in default thereof to further undergo six months simple imprisonment.
2. Aggrieved against conviction and sentence, Ravindra Kumar @ Ravi has filed D.B. Criminal Appeal No.835/2013, Lakhan Saini has instituted D.B. Criminal Appeal No.134/2014, whereas Bhagwan Singh has preferred D.B. Criminal Appeal No.44/2014. All the three appeals have been directed against the common judgment of conviction and order of sentence, hence, we shall decide all the appeals together.
3. Prosecution case in the present case has been aptly summed up in the charge formulated against the accused-appellants. The charge stated that on 23.12.2011 between 3.30 to 4.20 PM in a house situated at Sector-5, Sanganer, accused performed forcible sexual intercourse with the prosecutrix (name withheld to protect her identity) and thus, committed the offence punishable under Section 376(2)(g) IPC.
4. Prosecutrix, admittedly, is more than 18 years of age. In her deposition she has disclosed her age as 25 years.
5. Criminal proceedings were set into motion on the basis of statement (Ex.P.1) made by the prosecutrix to Subodh Kumar (PW.11) who was then posted as SHO, Police Station Sanganer, Jaipur.
6. Prosecutrix in her statement (Ex.P.1) made to the In-charge, Police Station Sanganer, Jaipur, stated that she alongwith her husband and children were staying at Village Bambala falling within the jurisdiction of Police Station Sanganer. Her husband was working at a jewelry shop called Radhika Jewelers. Her husband used to leave the house at 10.00 AM. Ravi is a ladies tailor and is running a shop in the name and style of Mangesh Tailor. On the day of occurrence at 12.30 PM she had gone to a company to give pieces of cushion cover. After handing over the pieces of cushion cover, she went to Haldighati Marg. There Ravi met her as Ravi was called by her. From there on his bike, she came to Sanganer Bazar and purchased some items from there. Then Ravi offered her to eat something. He took her to a house situated at Sector 5 and told her to go inside the house. She told Ravi that the place is not looking like a restaurant. Ravi told her to go inside the room. When she entered, Ravi bolted the room from inside. Inside the room, Bhagwan and Lakhan were already present there. At that stage, Ravi told her to surrender to satisfy their lust, otherwise, she will face the consequences. Saying so, Ravi started giving beating to her and gave slaps on her face. Bhagwan and Lakhan went outside the house and Ravi bolted the door from inside. Then Ravi performed wrong act with her. Thereafter Ravi opened the door and Bhagwan and Lakhan also came inside the room and again closed the door and they also performed wrong act. The accused also made her photographs on mobile. She came out of the house and relayed the incident to the police on Phone No.100. In the end, prosecutrix stated that all the accused committed wrong act with her against her wishes.
7. Prosecution to secure conviction of the appellants examined eleven witnesses, namely prosecutrix (PW.1), Sunil (PW.2), Santra (PW.3), Narayan Lal (PW.4), Dr. Mohammad Iqbal (PW.5), Brij Mohan (PW.6), Chhote Lal (PW.7), Dr. O.B. Nagar (PW.8), Dr. Rajesh Kumar Verma (PW.9), Mohan Singh (PW.10) and Subodh Kumar (PW.11). Thereafter the statements of accused appellants were recorded under Section 313 Cr.P.C.. They denied all incriminating circumstances and plea
