RADHEY SHYAM Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The Appeal No. 365/2012 has been filed by accused appellants Radhey Shyam and Chhotu Bana @ Man Singh through the Jailer, Central Jail, Kota, whereas Appeal No. 447/2016 has been filed by accused Nand Kanwar W/o Shri Radhey Shyam through Advocate Shri Rajesh Choudhary, services of whom have been provided by Rajasthan High Court Legal Services Committee, Jaipur. Both these appeals are related to same Incident and arose out of a common judgment, hence, are being decided by this common judgment.

(2.) The appeals have been filed by the appellants against judgment dated 9.4.2012 passed by learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act cases, Baran in Sessions Case No. 3/2009, by which appellants Chhotu Bana @ Man Singh, Radhey Shyam and Nand Kanwar have been convicted and sentenced, as follows: <FRM>JUDGEMENT_404_LAWS(RAJ)5_2016_1.html</FRM>

(3.) Brief facts of the case are that on that on 14.10.2008 at about 10.30 AM, complainant Dhapu Bai D/o Shri Ram Narayan Mehar, R/o Nareda, accompanied by her father Ram Narayan, submitted a written report before SHO, Police Station Harnawada Shahji, District Baran, alleging inter alia that 4-5 months ago, aunt Nand Kanwar W/o Shri Radhey Shyam came to her house at village-Nareda. Nand Kanwar asked to visit her house and live for few days with her. She would get her clothes stitched. Mother of the complainant allowed and told Nand Kanwar to leave herself (sic.) the complainant after visit at Nareda. Thereupon, Nand Kanwar took the complainant to Aklera where her uncle Radhey Shyam was living in a rented room. Uncle and aunt took her from there to Kota and thereafter to Pali where they kept her in a rented house for 8 days. They used to lock her in the house. She requested them to leave her to home but they gave beating and took her to Jodhpur, where in a rented house of Premji kept her for about 10-12 days. Nand Kanwar invited her brother Chhotu Bana there. Thereafter, aunt asked her to marry with Chhotu Bana. On refusal, she was beaten, threatened and locked. In a room with Chhotu Bana in the night who raped her. She tried to make a phone call to her parents through aunt's mobile, for which she was beaten. Chhotu continued to ravish her dally under threat for about one and half month. They changed the house and started living on rent. In some Omji's house. They lived there for two months and Chhotu continued there to ravish her. Thereafter, they lived in the house of some Rajsha. One night when she was sleeping on the terrace, her uncle also raped her. She tried to cry but he gagged her mouth and gave a blow of knife at her hand and threatened to say to anybody, else she would be killed. When the complainant told this Incident to the aunt, she beat her and told how it does matter. Next day, she told all the incident to a person. In neighbourhood, who informed police. On this information (Ex.P-5), formal FIR No. 131/2008 (Ex.P-6) was registered. During investigation, petticoat worn by complainant was seized, sealed and sent for examination to Forensic Science Laboratory. Medical examination of complainant Dhapu Bai was conducted. After completing all other Investigation, charge-sheet against all the three appellants was filed before learned Special Judge, Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, cases, Baran. Appellant Chhotu Bana @ Man Singh was charged for the offences under Sections 376, 342, 323, I.P.C. and Sections 3(1)(xii) and 3(2)(v) of the Scheduled Castes/Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short "the Act of 1989"). Accused appellant Radhey Shyam was charged for the offences under sections 376/120-B, 342/120-B, 363/120-B, 366/120-B and 323/120-B, IPC. Accused Nand Kanwar was charged for the offences punishable under sections 363/120-B,. 366/120-B, 342/120-B and 232/120-B IPC. Accused appellants denied the charges and claimed trial. Prosecution examined 13 witnesses and exhibited 17 documents. Accused appellants were examined under section 313 Cr.RC. All the accused appellants again refuted the allegations and stated that they have been wrongly implicated in this case. In defence, no oral evidence was produced, however, three documents were exhibited. After hearing the final arguments, learned Special Judge acquitted accused Chhotu Bana @ Man Singh from the charge under Section 342 I.P.C. and Radhey Shyam and Nand Kanwar from charge of offences punishable under sections 363, 366, 342/129- B, IPC and convicted and sentenced all the appellants, for other offences, as aforesaid.