BHEEM SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS appeal arises out of a judgment of Learned Additional Sessions Judge, Sirohi dated 21 -2 -78 whereby the learned trial court has held accused persons Bheem Singh and Jor Singh guilty of the offence under Section 457 IPC and has sentenced them to two years rigorous imprisonment together with a fine of Rs. 300/ -. Jor Singh has further been held guilty under Section 354 IPC and has been ordered to undergo one year's rigorous imprisonment together with a fine of Rs. 300/ -. In default of payment of each amount of fine of Rs. 300/ -, the accused persons have been ordered to undergo rigorous imprisonment for six months in addition to the substantive sentences.

(2.) THE facts of the case briefly stated that on the night intervening between 6th and 7th January, 1977 Smt. Gomati Amma who is a nurse in the Family Planning Centre, Virvara, Shanti who is a helper of that centre and Mst. Supli who is the niece of Mst. Shanti were sleeping in one of the rooms of the Family Planning Centre situated at village Virvara in Tehsil Pindwara, Distt. Sirohi. It is alleged that at about 1.00 A.M. in the night two persons came and knocked the doors of the Family Planning Centre and implored the womens sleeping therein to open them. They were asked as to who they were where upon the two accused persons replied that they have come to take medicine. The complainant Gomati Amma told them to come in the morning. The accused persons insisted that the matter is urgent whereupon the complainant told them to bring 3 -4 villagers along with them and then she will open the door. This probably was not liked by the accused persons. They kicked the doors, broke latches of the door which were bolted from inside and opened the main gate of the Family Planning Centre. Two accused persons who then entered the Family Planning Centre were Bheem Singh and Jor Singh. They immediately went to the room where ladies were sleeping. They tried to occupy the cot on which the complainant Gomati Amma was sitting. When the accused persons tried to sit on her cot she immediately left the cot. It is alleged that Bhim Singh then told helper Mst. Shanti to come and sleep with him which she refused. The complainant started weeping at that point of time because she was throughly frightened. These two accused then told that Bahanji meaning thereby Mst. Gomati Amma may be sent. From this the complainant Gomati Amma inferred that these accused persons wanted to commit rape on her. However he and the helper both refused to succumb to the entreaties of the accused persons. The accused persons threatened to kill them by cutting them to pieces. Hem Singh who was later identified as Bheem Singh told them that he was serving in the Police Deptt. and so nothing can happen to him so she should immediately come and sleep with him. It is alleged that the complainant again started weeping because there was no body to help them and these accused persons were influential persons of the village and so every body was frightened of them. It is alleged that after that Hem Singh i e. Bheem Singh caught hold of Mst. Supli and took her to room in which medicines were stored. There he slept with her for the rest of the night upto 5 -6 a. m. committed rape on her twice. After some time Jor Singh also left the room where these two ladies were resting. He bolted the door from outside and left the Family Planning Centre. At about 5 or 6 a.m. Mst. Shanti and Gomati Amma wanted to urinate and therefore they called out that the door may be opened, whereupon Mst. Supli opened the door from outside. At that point of time they saw Bheem Singh leaving the Family Planning Centre. It is alleged that in the morning the complainant related the entire incident to the veterinary Doctor who took her to Sirohi. It is however alleged that accused sent two persons to persuade her not to report the matter to police and therefore complainant Gomati Amma came back to Virvara. Again at about 3.30 p.m. in the day he lodged a written complaint marked Ex. P. 2 in the court of learned S.D.M. Mount Abu who was camping at Pindwara. This report was then forwarded to P.S. Pindwara, on 7 -1 -1978 at 3.30 p.m. On the basis of this report a formal FIR Ex. P. 2 was recorded. The site was inspected. Site Plan Ex. P. 18 and its inspection memo Ex. P. 3 were prepared. Medical Examination of the Mst. Supli as also of accused Bheem Singh was got conducted. Lahanga and Odani of the Mst. Supli were seized by the police. They were sent for the medical examination along with the vaginal swab taken by the medical examination along with the vaginal swab taken by the Medical Officer who examined Mst. Supli. After the usual investigation the accused persons were arrested. The case was challaned in the court of learned Judicial Magistrate first class, Abu Road from where it was committed to the court of Addl. Sessions Judge, Sirohi for trial. The learned Addl. Sessions Judge charged accused Bheem Singh with the offences under Sections 458 and 337 IPC. The plea of the accused persons was recorded. They did not plead guilty to the charges and claimed trial whereupon the prosecution examined as many as 16 witnesses in the case. The statement of the accused persons were recorded under Section 333 Cr. PC. They examined these witnesses in their defence. After hearing the parties, the learned lower Court acquitted accused Bheem Singh of the charge under Section 376 IPC because Mst. Supli and Shanti turned hostile and have admitted at the trial that no rape was committed with Mst. Supli. It has also acquitted both the accused persons of the charge under Section 458 IPC. However conviction was recorded against both of them under Section 457 IPC. In addition accused Jor Singh was convicted under Section 354 IPC also. Aggrieved against this judgment both the accused persons have preferred this appeal.

(3.) I have already stated above that Mst. Supli and Mst. Shanti have not supported this testimony of Smt. Gomati Amma. Now we have to see how far testimony of this witness can be relied in the absence of any independent corroboration. I may state at the very outset that the conduct of this witness appears to be so unnatural and improbable that she cannot be believed with out any independent corroboration. If we look at the site plan this Family Planning Centre is situated in the midest of habitated locality. On all sides of the aforesaid Family Planning Centre habitated houses are situated Mst. Gomati has stated that she cried and wept. She also had a conversation with the accused persons for not opening the door. It is strange that attention of no neighbour was attracted during all this incident. When Jor Singh has already left and Bheemsingh has alread taken Mst. Supli to the medicine room and has closed his door from inside neither these ladies raised any hue and cry for help nor Mst. Supli who was being raped forcibly cried out for help to save her honour. This conduct was most unnatural and unbelievable.