PRINCE Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Being aggrieved of the judgment dated 31st March, 2006 passed by the learned Special Judge, Women Atrocities & Dowry Cases, Kota in Sessions Case No. 54/2005, the accused appellant has preferred-this appeal under section 374 Cr.P.C. The learned trial court had convicted the accused appellant for the offence under section 376(2) (g) Penal Code and sentenced him for imprisonment for life with a fine of Rs. 2,000.00, In default of payment of which to further undergo six months simple imprisonment.

(2.) It is to be noted that the accused appellant has remained in custody for about six years by now and the turn of hearing of this appeal would have come little later in the normal course because the cases of accused who have already undergone period of custody more than the appellant are awaiting hearing ahead of the present appeal. But, after rejection of the application for suspension of sentence of the accused appellant by this court, he had preferred Special Leave to Appeal (Criminal) No. 8597/2009 before the Honourable Supreme Court. While dismissing the said SLP, the Honourable Supreme court observed that a request be made to the High Court to hear and dispose of the criminal appeal as expeditiously as possible. In consequence thereof, an order was passed by this court on 26th Feb., 2010 directing the registry to list the matter In the Category of hearing. Learned counsel for the accused appellant had- made a request for hearing of the appeal and, therefore, today it has been finally heard by us on priority In compliance of the order passed by the Honourable Apex Court.

(3.) The prosecution case was initiated on the report (Ex.P-16) lodged by Harjilal, Sub-Inspector at police station Vigyan Nagar, Kota on 23rd April, 2005. It was averred in the report that on the day of lodging of the report, the informant Harjilal was on mobile duty along with other police officials. At about 2.00 p.m. he received a wireless message from the police officers to check the vacant houses of Bombay Avas Yojana, Subhash Nagar, Kota. Thereafter, the informant started from Bhamashah Mandi and went to Bombay Avas Yojana Subhash Nagar for checking the vacant houses. On reaching the said scheme, he found some people gathering near the hand-pump and a girl was crying. On asking of the police, the girl disclosed her name as Rukmani daughter of Shambhu Dayal and on enquiring about the reason for crying, she narrated that at about 12.30 in the noon, she had come from her house along with Rameshwar Dayal, cousin brother who is the son of her Bhua (fathers sister). Further, she stated that Rameshwar Dayal had brought her from residence on the pretext that his mother and Bhua of the prosecutrix had called. It is also stated that near Mahaveer Nagar, Rameshwar Dayal gave her a glass of juice. Thereafter, instead of going to the residence of Bhua, she was taken to a vacant house in Bombay Avas Yojana, Subhash Nagar. Further, it is averred in the report that the prosecutrix Rukmani was taken into one of the rooms of a house and Rameshwar Dayal forcefully committed rape on her. She raised hue and cry and tried to resist the act of Rameshwar Dayal. After some time three boys came and by pushing aside Rameshwar Dayal, they committed the offence of rape on her, one by one. She had also given the names of two boys as Prince and Dilip. The name of the third boy was Surendra who was standing on the door of the vacant house for the purpose of keeping watch.