[2025:RJ-JD:38634-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Criminal Appeal No. 1283/2016 Jagdish S/o Hukmaram, Meelon Ki Dhani, P.s. Nechhwa, Distt. Sikar Rajasthan At Present Resident At Rohi Soniasar, P.s.

Seruna, Distt. Bikaner. At Present Lodged In Central Jail Bikaner ----Appellant Versus The State Of Rajasthan Through The Public Prosecutor.

----Respondent For Appellant(s) : Mr. Vijay Bishnoi, Adv. with Mr. Sachin Lohiya For Respondent(s) : Mr. Vikram Singh Rajpurohit, PP HON'BLE MR. JUSTICE MANOJ KUMAR GARG HON'BLE MR. JUSTICE RAVI CHIRANIA

Judgment

28/08/2025 BY THE COURT : (PER HON’BLE MR. MANOJ KUMAR GARG,J)

Instant criminal appeal has been filed by the appellant challenging the judgment dated 24.10.2016 passed by learned Additional Session Judge No.2, Bikaner (Camp Sri Dungargarh), District Bikaner, in Sessions Case No.09/2013 by which the learned Trial Court convicted the appellant for offence under Section 376(2)(f) IPC and sentenced him for life imprisonment till remainder of his natural life along with a fine of Rs.50,000/- and in default of payment of fine to further undergo six months RI.

Brief facts necessary to be noted for deciding the controversy are that on 12.05.2013, prosecutrix (PW/1) along with his brother Sampat (PW/2) submitted a written report at Police Station Seruna to the effect that on 07.05.2013 at about 11:00 PM, his brother- Sampat travelled to Sikar to appear for an examination. At the relevant time, the prosecutrix and her father, the present appellant, were sleeping near a tube well. At about 01:00-02:00 AM, the prosecutrix’s father committed rape with her and further threatened her with dire consequences if she disclosed the incident. It was further alleged that on the subsequent night i.e. 08.05.2013 at about 12:00 AM, the appellant again committed rape with the prosecutrix. On the following day i.e. 09.05.2013 at about 03:00 PM, when prosecutrix’s brother- Sampat returned home, she told him about the act of the appellant.

On the said report, Police registered the FIR against the accused-appellant and started investigation. During the course of investigation, Police arrested the accused-appellant. On completion of investigation, police filed challan against the accused-appellant for offence under Section 376(2)(f) IPC before the concerned court.

Thereafter, learned Trial Court framed, read over and explained the charges to the accused-appellant for the offence under Section 376(2)(f) IPC. He denied the charge and sought trial.

During the course of trial, the prosecution examined as many as ten witnesses and also got exhibited relevant documents in support of its case.

The accused appellant was examined under Section 313 Cr.P.C. In defence, one witness Bajranlal was examined as DW-1 and two documents were exhibited.

Learned trial Court, after hearing the arguments from both the sides, taking into consideration and appreciating the documentary evidence and the statements of witnesses, vide judgment dated 24.10.2016 convicted and sentenced the accused- appellant for offence under Section 376(2)(f) IPC as mentioned hereinabove. Hence, this criminal appeal.

Mr. Vijay Bishnoi, representing the accused-appellant, contends that the accused has been falsely implicated in this case. He further submits that there is no direct evidence establishing a connection between the appellant and the alleged offence. Additionally, it is pointed out that the prosecutrix’s statement contains significant contradictions, omissions, and improvements. Consequently, it is argued that the trial court erred substantially in convicting the accused-appellant. The impugned judgment of conviction, being fundamentally illegal, warrants being quashed and set aside. In the alternative, it is submitted that the accused- appellant is behind the bars for more than fourteen years, therefore, it is prayed that the sentence of life imprisonment for remainder of his natural life, as awarded by the trial court for offence un