VIJAY KUMAR ALIAS BENI Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) These two appeals arise out of the judgment and order dated 6-2-2001 passed by the learned Special Judge, SC/ST (Prevention of Atrocities) Cases, Ajmer, whereby he convicted the accused-appellants under S. 376(2)(g), I.P.C. and sentenced each of the appellants to undergo rigorous imprisonment for 11 years with a fine of Rs. 5500.00, in default of payment of fine, each to further undergo rigorous imprisonment for 55 days. Since both these appeals arise out of the same judgment, they are being disposed of by a common judgment.

(2.) The facts of the prosecution case are summarised as here below : On 20-1-1994, Smt. Sunita Harijan, a resident of Ajmer lodged a verbal report at Police Station, Pushkar stating that she left her house with an intention to stand on her own legs by doing labour and for that purpose, visited number of places. She had fifty rupees with her and after staying at Ajmer for two days, she left for Pushkar on 19-1-1994 for walking and in search of labour. After getting down from the Bus at Bus Stand, she went in the town. Since she was ignorant of the place she entered into a street, where 3 persons met her. She then asked them the way of temple. Thereupon they asked her to follow them. She accordingly accompanied them. She further alleged that these 3 persons took her to a house. On reaching there, the prosecutrix told them that this was not the temple. These persons, in turn, replied that after staying for a little while they will go for temple. Thereafter they asked her whereabouts.She disclosed them her name as Sunita and told that she wanted to stand on her own legs. She also enquired about their names and it was found that one was Vijay Painter, second was Ajeet and the third introduced himself as a Contractor. She further stated that these 3 persons asked her that if she wanted to learn painting, she can do so and that she would be self-dependent. They further told that number of girls have learnt the painting from there. According to the prosecutrix, she fell to their belief. She stated that at the time when she reached the house, one tenant, who the accused were addressing 'Bhabhi' was also present in the house. She along with the accused stayed in a room, whereas appellant-Vijay went to the room of Bhabhiji and after talking to her for some time, came back. According to her, she does not know as to what transpired between Bhabhiji and Vijay. Thereafter, all the four went to the roof of the house. As per the prosecutrix, Ajeet left the place at about 5.00 p.m. and did not return thereafter. Appellant-Vijay and co-accused stated to have detained the prosecutrix in their room. Having suspected some thing adverse, she tried to left (leave) the place but since the gate was locked, she could not go out.

(3.) The prosecutrix further stated that in the evening at about 7.30 p.m., the accused-appellant and the co-accused (contractor) forcibly took her to the room on the upper storey. Both of them forcibly compelled her to consume Whisky, but she refused to consume liquor. Thereafter, both of them forcibly made her to consume liquor and they themselves consumed liquor. She then tried to raise an alarm,but they shut her mouth. Thereafter all of them took their meals and she felt giddiness but was in full senses. Thereafter, these persons with their ill-intention, put off her clothes and also closed the door of the room. According to her, appellant-Vijay committed rape on her and thereafter co-accused also committed rape on her, as a result thereof, she became unconscious. She does not know as to what happened with her during night. When she woke up in the morning, she found her in bad condition. The accused made her to take bath and also got her clothes washed. According to the prosecutrix, the accused asked her to follow their command and threatened her. The accused also took away her wrist watch and the cash, which she had with her. Thereafter, the accused took her to Ganga Guest House, Pushkar on the pretext that it belongs to their relatives and after leaving her at the Guest House, the accused went away. She any how escaped from the Guest House and went to Police Station to report the matter.