CHARAN SINGH AND ANR. Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgment dated August 1, 2005 of learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City, Jaipur whereby the appellants husband and wife were convicted and sentenced as under: -

(2.) I have pondered over the submissions advanced before me and carefully scanned the material on record.

(3.) The prosecutrix (P.W. 2) in her deposition stated that for about nine months she had physical relations with Rakesh to whom she wanted to marry. After this fact came to the notice of her father and uncle, they gave beating to her and Rakesh both. On June 1, 2004 Rakesh told her that they will flee to Jaipur to marry. She, therefore, on June 9, 2004 stole a sum of Rs. 15000/ - from the suitcase of her father and boarded a bus which was going to Jaipur. At Jaipur Krishna (appellant), who permitted her (prosecutrix) to live in her house. On the next day while Krishna was away, Charan Singh committed rape on her. She disclosed this fact to Krishna, but she did not react. Charan Singh again committed rape on her on June 13. Thereafter Krishna and Charan Singh did not allow her to go out. Charan Singh called his brother Sattu from Hindaun, who committed rape on her continuously till June 22. When all the family members had gone out on June 23, leaving her alone, she came out of the house with the help of one Anil and while she was going to Bus -stand, Charan Singh and Krishna be laboured her on the way. Bystanders took them to the police station. In her cross examination, she admitted that she did not sustain injuries on her genitals and after Charan Singh committing rape on her, she had slept in the room with Charan Singh whole night. Once she had gone to STD booth to attend telephone call of Rakesh. At that time many persons were sitting at STD booth, but she did not make any complaint to them about commission of rape on her.