STATE OF RAJASTHAN Vs. VINOD KUMAR

JUDGEMENT

(1.) These appeals have been preferred by the State against the judgment and order dated 5.4.2007 passed by the High Court of Judicature for Rajasthan (Jaipur Bench) in S.B. Criminal Appeal No.103 of 2005 and S.B. Criminal Appeal No.82 of 2005, by which, the conviction of the respondents Vinod Kumar under Section 376 of the Indian Penal Code, 1860 (hereinafter called IPC) and Heera Lal under Section 376 read with Section 120B IPC made by the Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act (hereinafter called SC/ST Act) Jaipur dated 22.1.2005 passed in Sessions Case No.123 of 2002 has been maintained but the sentence of respondent Vinod Kumar has been reduced from 7 years to 5 years and that of accused Heera Lal from 7 years to 11 months and 25 days.

(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.