SWATI LODHA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) (Miss) Swati, a young girl of about 20 in Nov., 1986, and daughter of Charandas Lodha of Purana Fatehpura, Sewa Mandir Road Udaipur, who was a compulsorily retired Government servant sometime in the year 1984-85 and was still yearning for his pensionary benefits and was suffering from some mental disorder, and who had his counterpart Kiran Devi, having completed her Higher Secondary at Udaipur, shifted to Ajmer to join Sophia Women's College there for graduation in or about 1984 and became a Sophian. Apart from being young, she was a sports woman as well and played tennis by shunting balls from this Court to that Court. At Ajmer, there was Dr. Raj Kumar Jaipal (to be referred hereafter as only "Raj Kumar"), born to Jas Raj, a former member of the Rajasthan Legislative Assembly, through his wife, Smt. Bhagwati Devi a former State Minister in the State of Rajasthan, who had himself contested the election in the State Legislature from Ajmer East Assembly (Reserved) Constituency, in the year 1985. Usha and Renu were two real sisters of Raj Kumar and had acquaintance with (Miss) Swati. Swati says that at their request she canvassed door-to-door for Raj Kumar in that election, and Raj Kumar was declared elected as Member of the Rajasthan Legislative Assembly from that constituency. Raj Kumar thanked her for the canvassing and for persuading the voters to vote for him, and often used to meet her at Ajmer.

(2.) Father of Swati having been compulsorily retired, how she was pulling on with her Sophian expenses at Ajmer, is explained in this manner that her mother, who was not employed anywhere, had some income from her investments in the marble-business of one Mr. Gupta, although, she neither knew the firm's name, nor the amount of investment. Swati and Raj Kumar had gone to Agra and visited that one of the wonders of the world known as Taj-Mahal', which Emperor Shahjahan had built to perpetuate the memory of his wife, Mumtaz Begum, after her death. It might have been built in token of the profound love which the Emperor for Mumtaz Begum or out of the Emperor's fantasy or monumental taste. But, it is regarded as a monument in the memory of a wife of an Emperor to whom he loved. We find in this case several photographs in colour, which indicate that Rajkumar and Swati were at Agra in the prime of their youth to virtually display the so-called love which they posed to have towards each other. The photographs show that Raj Kumar was in too serious posture, but Swati was all out for him. On completing her appearance at Graduate Examination, she alleged that she came to her home-town, Udaipur, in June, '86. She received a telegram in June '86 (Ex. P3) from Raj Kumar's servant and another telegram in July, '86 (Ex. P. 4) from Raj Kumar himself, requesting her to reach Ajmer. But, she did not go to Ajmer. On the next day of 'Deepawali'. i.e. on the day what is known popularly as 'Bhaiyadooj' day. Raj Kumar is alleged to have himself gone to Udaipur and visited the house of Swati, located at Purana Fatehpura, Sewa Mandir Road, Udaipur. On that day, Raj Kumar was for the first time, introduced to the family of Swati. Raj Kumar had come to Udaipur in a bottle green colour Maruti Car, without number plate. It is said that Raj Kumar requested her guardians that he would stay for that day at Swati's house. As his way of putting things was sophisticated, her parents permitted him to stay there. Raj Kumar had his dinner at Swati's house. The parents and younger brother of Swati had gone out to somebody else's house for dinner, on account of 'Bhaiyadooj'. Swati herself cooked the food and Raj Kumar took dinner along with two younger sisters of Swati, named Kirti and Sapna. After taking their dinner, her both the sisters went for sleep to their bedroom. After dinner, since Raj Kumar Jaipal had asked for a cup of coffee, Swati prepared coffee for Raj Kumar and herself. She placed both the coffee-mugs on the dinning table. Raj Kumar asked Swati to place the coffee, filled in mugs, in the room which had been provided to him to take rest on that night, as he wanted to talk to Swati over a cup of coffee. Swati accordingly placed the mugs of coffee in the bedroom meant for Raj Kumar's rest on that night. Raj Kumar sent Swati out to fetch a glass of water. She came back with a glass of water, and then, both of them took coffee. On taking coffee, Swati felt dizziness and became unconscious. When she regained consciousness, she found herself completely nude and there were stains on her clothes lying nearby. Raj Kumar was putting on his clothes. It was only then that she could fathom that Raj Kumar had committed rape on her, without her consent, while she was unconscious. Some hot words were exchanged, and Swati threatened that she would narrate the incident to her parents. Raj Kumar admitted that he had dropped some narcotic drug in her coffee, as a result of which, Swati had become unconscious. Raj Kumar first scolded Swati and also tried to blackmail her, but, when she wept bitterly as if being without any support, Raj Kumar placed his gentle hands on her head and undertook upon himself, her responsibility. The only punishment for his misdeed was that he would marry her.

(3.) Swati became perplexed, whether she should punish him or adore him. Raj Kumar promised that within 8-10 days, he would marry her and would take her to his home. Raj Kumar told that he had committed rape on her in a stage of her consciousness and nothing would be gained to Swati by disclosing it to her parents or by making a report in police. He told that he was a Member of the Rajasthan Legislative Assembly and had the power and capacity to influence everyone. He also told that he possessed photographs of Swati in her nude condition, and therefore, Swati should not disclose this act of Raj Kumar. Then Raj Kumar left for Ajmer, after giving a pain killer to Swati. This was the first alleged sexual intercourse by Raj Kumar with Swati. On the next day, Swati consulted Dr. Harish Mehta, who gave a prescription (Ex. P. 5) and she took the medicine prescribed. On Nov., 16, 1986, Raj Kumar again came to Udaipur and secretly married Swati in a temple situated behind the office of Urban Improvement Trust. Raj Kumar placed a garland around her neck and made her to sit in the car and wrote a writing (Ex. P. 6) hurriedly, and handed over the same to Swati. Swati questioned as to what type of marriage it was? Thereupon, the said Raj Kumar told that his father, Jasraj was an Advocate, and he was also literate, and that his mother had been a Minister in the Rajasthan State, and he knew that it was a legal marriage. Thus consoled they came back home. Raj Kumar had asked her not to disclose it to her parents, and therefore, she did not disclose it to them. and came to Ajmer, after making some excuses to her parents, along with Raj Kumar. On Nov., 17, 1986, Raj Kumar kept her in a house No. 3-Ka/18, in Vaishali Nagar, Ajmer. On that evening, she came to know that Raj Kumar was being married to some other girl. In the evening, she quarrelled with Raj Kumar and complained that she had been cheated. She also revealed to Raj Kumar that she suspected that she had become pregnant on Nov. 3, 1986. Raj Kumar then again committed rape on Swati. Ex. P. 7 is the marriage invitation card of Raj Kumar, with the other girl. Thereupon, Swati telephoned to her mother and called her to Ajmer. Both the mother and daughter tried to stop the marriage of Raj Kumar with the other girl, but, they failed in it. On Nov., 24/25, 1986, they returned to Udaipur. In Dec., 1986, pregnancy of Swati was confirmed. She then contacted Raj Kumar's family members on Jan., 4, 1987; but, they did not pay any heed to her. This led her to file a criminal complaint against Raj Kumar, for offence u/s. 376, I.P.C. She got her pregnancy examined, and in July 1987, she gave birth to a male child.