SHAKUNTLA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This petition has been filed for quashing the charge framed against the petitioner. Very briefly the facts are that the petitioner has a school in which there are several students and one Priti used to come to her school for taking tuition On 7th Feb. 1992 at about noon she was raped by the husband of the petitioner in a room on the first floor. The girl Priti, who was 9 years of age was found unconscious and was bleeding from her private parts. The petitioner's husband Om Prakash is facing trial for the offence under Sec. 376 Indian Penal Code it is to seen as to what evidence is against this petitioner so as to charge her for the offence under Sec. 376/ 120B, Indian Penal Code For this it has been pointed out that Priti has stated that it was this petitioner who asked her to go up-stairs and take tuition from her husband Om Prakash and the other circumstance pointed out is that she did not come up-stairs on hearing the shouts of Priti.

(2.) In order to charge the petitioner for the offence under Sec. 376 read with Sec. 120B Indian Penal Code it is necessary to show some facts from which an inference could be drawn that the Co-accused had conspired to commit the offence, If the conduct of the petitioner is normal which can be reasonably explained then it cannot be said that the charge of criminal conspiracy should be levelled against her. She had only sent the child to her husband to take tuition. Further more it would be difficult to believe that a wife would send a child aged about 9 years to her own husband so that he could satisfy his lust. As far as for the shouts of the girl it can be said that there were several other persons who must have heard the shouts and if they did not come to rescue her then they would not liable for conspiracy so as to say that the petitioner should be charged for the offence under Sec. 376 read with Sec. 120-B Indian Penal Code. Considering the facts and circumstances, the charge, against this petition under section 376/120-B Indian Penal Code is quashed. Petition allowed.