State Of Rajasthan vs Vinod Kumar

2. Facts and circumstances giving rise to these appeals are that on 29.8.2002, Guddi, complainant, appeared before the Officer Incharge of the police station alongwith her brother-in-law Babu Lal and submitted a report that one day earlier, i.e. on 28.8.2002 she attended a memorial function in respect of death of her relative. She left the place alongwith Babu Lal, her brother-in-law and stayed in the Jai Hotel. Two persons came there and one of them introduced himself to be the Station House Officer and wanted to check the room. Another person asked her relationship with other occupant Babu Lal. She informed about her relationship but he raised the question as to why such a relationship has not been disclosed in the Hotel Register and thus, under this pretext, they entered into the room for holding enquiry. They took Babu Lal, brother-in-law of the complainant outside. Thereafter, one of them came alone into the room, bolted the door from inside, and pushed her on the cot forcibly and committed rape upon her. She raised alarm but in vain. After commission of rape he fled away by opening the door of the room. She also gave the description of the said person.

3. On the basis of the aforesaid report, Case No.168 of 2002 under Sections 376, 120B IPC was registered and investigation commenced. During the course of investigation, the accused were arrested and identification parade took place. The prosecutrix was medically examined. After completion of the investigation, chargesheet under Sections 376, 120B IPC and Section 3(2) (5) of SC/ST Act was filed against Vinod Kumar and Heera Lal. The prosecution in support of its case examined Guddi, Babu Lal and a large number of other witnesses including the doctors who had examined the prosecutrix. The respondents were examined under Section 313 of Code of Criminal Procedure, 1973 (hereinafter called Cr.P.C.). They simply denied their involvement, however, they did not adduce any evidence in defence. After appreciating the evidence on record, the trial Court convicted the said respondents under Section 376 IPC and Section 376/120B IPC respectively and awarded punishment for 7 years Rigorous Imprisonment and a fine of 5,000/- to each and in default, the accused were ordered to undergo simple imprisonment for 3 months.

4. Aggrieved, both of them preferred appeals before the High Court which have been disposed of by the impugned judgment. The High Court maintained their convictions as awarded by the trial Court. However, their sentences have been reduced as aforementioned. Hence, these appeals.

21. In the instant case, the High Court recorded the submissions advanced on behalf of the parties to the extent that none of the convicts wanted to press his appeal on merits as it was not possible to succeed in view of the statement of the prosecutrix Guddi (PW.1), recorded by the trial court and her statement recorded by the Magistrate under Section 164 Cr.P.C. on 5th September, 2002. Thus, they pleaded only for reduction of punishment.

23. Thus, in the facts and circumstances of the case, the appeals are allowed. Sentences awarded by the High Court are set aside and seven years R.I. awarded by the trial court is restored.

Respondents are directed to surrender before the concerned court within a period of four weeks from today and shall undergo their remaining part of sentences. In case the respondents fail to surrender within the said period, the Chief Judicial Magistrate, Jaipur (City) is directed to take them into custody and send them to jail. A copy of the order be sent to learned Chief Judicial Magistrate, Jaipur (City), Rajasthan.