JUDGMENT :

Rekha Borana, J.

1. The instant criminal appeal has been filed by the accused-appellant Ajeet Singh under Section 374 Cr.P.C. being aggrieved of the judgment dated 17.07.2018 passed by the Additional Sessions Judge (Women Atrocities Cases), Bhilwara in Sessions Case No.28/2014 whereby he has been convicted for the offences punishable under Sections 376 & 306 of the Indian Penal Code and sentenced as below :

Section 376 IPC Imprisonment for life and a fine of Rs.25,000, in default of payment of fine to further undergo six months’ additional simple imprisonment.

Section 306 IPC Rigorous imprisonment for ten years and a fine of Rs.10,000, in default of payment of fine to further undergo six months’ additional simple imprisonment.

The sentences were ordered to run concurrently

2. Brief facts of the case are as under :

3. On the basis of Parcha Bayan (Ex.P/21) of Mst.S, the victim (deceased) daughter of Shiv Singh Chouhan recorded on 23.12.2013, an FIR under Sections 376, 120B & 306/511 IPC was registered at Police Station Bijoliya against the accused Ajeet Singh Rajput, Sunil Kumar Khateek, Dinesh Kumar Khateek, Satya Narain Singh @ Pintu Singh Rajput and Sonu Nayak. According to the statement of the deceased in the Parcha Bayan, on 30.10.2013, she was subjected to rape by the accused Ajeet Singh; the other co-accused assisted the main accused as they took her to the backyard of the college premises where she was subjected to rape. She further stated that a video clipping of the crime was also prepared and Ajeet Singh threatened her that if she disclosed the incident to anyone, he would kill her. She further stated that today (i.e. 23.12.2013) when she talked to Ajeet Singh and asked as to why he was refusing to marry her when he had promised for the same, Ajeet Singh replied that it was not his fault, therefore, he would not marry her. He told her that she was free to do as she desired. Therefore, she went to meet Ajeet Singh’s mother at Motara Kheda who asked Ajeet Singh to give a sum of Rs.5,000/- to the victim so as to buy her silence. After that, she returned to her house at about 6.00 pm. She feared that her family’s reputation would be tarnished and thus, she poured kerosene on her body and immolated herself. She stated that Ajeet Singh was entirely responsible for the incident.

4. On the basis of said Parcha Bayan, FIR No.251/13 was registered at Police Station Bijoliya for the offences punishable under Sections 376, 120B & 306/511, IPC and investigation was undertaken.

5. During the investigation, the dying declaration of Mst.S, the victim, who was admitted in the Community Health Centre, Bijoliya was recorded. As she expired, offence under Section 306 IPC was applied to the case.

6. After concluding investigation, charge-sheet for the offences punishable under Sections 376(d) & 306, IPC was filed against all the accused named in the FIR. Thereafter, the case was committed for trial to the Court of Additional Session Judge (Women Atrocities Cases), Bhilwara (hereinafter referred to as ‘the learned trial Court’). Learned trial Court framed charges against the accused-appellant as well as the co-accused, who denied the same and claimed trial. The prosecution examined as many as 34 witnesses and got exhibited 117 documents/articles. Statements of the accused persons were recorded under Section 313, Cr.P.C. who denied the prosecution allegations. Ajeet Singh stated that he had been falsely implicated in the case because he was a student leader being the President of the Student Union and Mst.S being associated with the rival group, implicated him at the instance of his opponent student leader Harish Jat. He further stated that he neither promised Mst.S that he would marry her nor did he subject her to rape. It was Mst.S who had asked him to marry her but on refusal, she falsely implicated him in the case. On behalf of the accused, in all 6 witnesses were examined and 6 documents were exhibited in defence.

7. Dinesh Kumar Khat