SHANKAR LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The accused appellant has filed this appeal against the judgment and order dated November 4, 2004 of Judge, Women Atrocities and Dowry Cases, Jaipur City Jaipur whereby he was convicted and sentenced under Section 376 IPC for 10 years and fine of Rs. 2,000/-, in default of payment of fine to further undergo six months rigorous imprisonment.

(2.) Brief facts of the case are that on July 27, 2003 complainant Gyan Chand submitted a written report before the Police Station Kotputli against the accused appellant Shankar Lal with the averments that he took away his niece (Jyoti) aged 3 years in a School and forcibly committed rape upon her. Upon hearing hue and cry, Surji and Pooran came there and saw the accused appellant committing rape upon Jyoti. On the basis of the said report FIR No. 455 of 2003 for the offence under Section 376 IPC was registered and investigation was started. During investigation the appellant was arrested. After conclusion of the investigation the police filed challan against the accused appellant before the Additional Chief Judicial Magistrate, Kotputli and in due course same was committed for trial to the court of Women Atrocities and Dowry Cases, Jaipur for trial and disposal. The trial Court framed charge against the accused appellant for the offence under Section 376 IPC and same was explained to the accused appellant for which he denied, pleaded innocence and claimed for trial. The prosecution in support of its case examined as many as 9 witnesses and some documents got exhibited. After prosecution evidence the accused appellant was examined under Section 313 Cr.P.C. in which he denied the story of the prosecution. He specifically stated that Surji (PW. 4) wanted to have some illicit relations with him and when she was talking with him her brother in law has seen him, as such they inflicted self some injuries to Jyoti and falsely implicated him. He also examined DW.1 and DW.2 in his defence. The trial Court after recording the evidence of the parties and hearing arguments of both the sides, convicted and sentenced the accused appellant for the offence under Section 376 IPC as mentioned above vide judgment dated November 4, 2004. Against this order, the present appeal has been filed by the appellant.

(3.) Mr. B.S. Chauhan, learned Counsel for the accused appellant submitted that there are several infirmities and contradictions in the statements of the prosecution witnesses and therefore no reliance can be placed upon the testimony of such witnesses. The conviction based on such evidence is not sustainable. The witnesses of the prosecution have suppressed the genesis of the occurrence and have changed their statements at various places. The prosecution witnesses can not be treated as credible and reliable witnesses. Surji PW.4 wanted to have some illicit relation with the appellant and when she was talking with him, she was seen by her brother in law and due to this sole reason the appellant has been falsely implicated. No blood stains were recovered from the site of occurrence and this shows that no such incident took place and the appellant has been falsely implicated in the case. The findings arrived at by the trial Court while convicting the accused appellant is absolutely perverse to the facts and material available on record. Perusal of the judgment would reveal that the trial Court neither properly considered nor critically examined the statements of prosecution witnesses and in a general and routine manner has discussed the same and after taking into consideration the few words from their statements, has passed the impugned judgment of conviction. Statement of the accused under Section 313 Cr.P.C. was not recorded in accordance with law, as all incriminating circumstances were not put to the appellant and sufficient opportunity of defence is not afforded to him. The learned Counsel for the appellant placed reliance on State of Chhatisgarh v. Derha,2004 2 WLC(SC)Cri 7, Chhigan Lal v. State of Rajasthan,2007 2 RajCriC 629, Mahesh Singh v. State of Rajasthan,1988 RajCriC 198, Rajesh Kumar v. State of Rajasthan,2002 1 RajCriC 365, Ashok Kumar @ Ashok v. State of Rajasthan,1998 2 RCC 411, Mahesh Chand v. State of Rajasthan,1999 1 RajLW 667 and Ramveer v. State of Rajasthan, 2007 2 RajCriC 697.