AMIT KUMAR SHARMA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Challenge in all the three criminal appeals have been made by the appellants to the judgment of conviction and sentence dtd. 27/3/2014 passed by the Court of learned Additional District and Sessions Judge, Tijara, District Alwar, (for short 'the learned trial Court') in Sessions Case No. 44/2012, State of Rajasthan vs. Ishwar Singh and Ors., whereby the learned trial Court has convicted and sentenced the appellants as under:-

(2.) Facts of the case in nutshell are that on 8/6/2012 complainant Vijay Kumar Saini (PW 2) resident of Bhiwadi along with victim (PW 1) and wife PW-17 Smt. Anita submitted written report (Ex. P7) to the Superintendent of Police, Bhiwadi to the effect that date of birth of victim is 22/12/1994. In the year 2009 she was admitted in Class X in Central Academy School, Bhiwadi and she continued her studies in Class XI in this school. There was no teacher of Maths subject in the school and Isha Madam, who was Accountant, used to teach Maths subject. She also used to give tuition to victim at the residence of complainant. In Class XII accused-appellant Ishwar was teaching Physics and Chemistry subjects to the victim in School and he also used to come for tuition to the victim at the residence of complainant. In first Week of January, 2012 Isha Madam came to his house at 12 o'clock noon and told that some Officer of Board had come at Trehan and if they go and meet him, he may extend favour to award good marks to her. Victim went with accused Isha Medam to Trehan. She took victim in a flat, but except Ishwar Singh no Officer of Board was present there. When victim inquired that no officer of Board is present there, then Isha Madam served a soft drink mixed with some intoxicant. After drinking it, she fell in a semi-conscious state. Isha Madam bolted the room from outside. The allegation is that when the victim regained her senses, she found that Ishwar Singh had committed rape on her and took her naked photos and prepared a video clip. When victim told that she would disclose about the incident to her father and mother then these persons threatened her that in case any complaint was made, they would make the naked photos, clips and video public and after recording in C.D., they would sell it in Bhiwadi and would supply to the Cable Operator for display. Ishwar Singh used to blackmail the victim but every time he was assuring her that he would destroy the photos and under this pressure he used to commit rape with her. Ishwar Singh also obtained some love letters from the victim. Thereafter Ishwar Singh made a phone call that he had given the mobile chip to his friend Naresh. Thereafter, she received phone call from Naresh and he called her at a Restaurant near her house to get the mobile clips. When she went there, Naresh told her that the chip is at his house and she has to go there. Upon this victim went to Ashiyana Angan with Naresh. He took her in a flat and shut the door of room and forcibly committed rape with her. His daughter filled up the A.E.E.E. examination form and she was allotted centre at Ajmer for examination scheduled on 29/4/2012. On 27/4/2012 Ishwar Singh made a call saying that other 15 girls from his Coaching Center are going to Ajmer with their parents to take the examination and she may also accompany them. On 28/4/2012 Ishwar Singh met her at Samtal Chowk, Bhiwadi and took her in car and proceeded for Ajmer. On the way, ahead of Dharukehda, two boys Vicky Agrawal (Agrawal Vastralay, Bhiwadi) and Amit (Suruchi Saree Centre, Bhiwadi) also sat in the car. In the evening at 6 p.m. they reached Ajmer. From Ajmer, Ishwar Singh took her to Pushkar. In the night at 10 p.m. they reached a hotel. Ishwar, Vicky and Amit insisted her to sleep in the room. The victim objected to it but Ishwar Singh showed her nude photos, video clips in mobile and asked her to please them. Thereafter, these persons raped her for the whole night in the hotel room and she was detained in the room till the next day upto 12:30 P.M. and they did not permit to take her examination. On 29/4/12 at 10 p.m. she reached her house. Thereafter again Ishwar Singh made a call saying that he has got another chip with him and called her to the coaching centre. The victim went there and Ishwar committed rape with her. Next day, victim at her own went to coaching centre and secretly took out chip from mobile and came back. Thereafter she remained silent. On 17/5/2012, in the night at 12 O'clock complainant and his wife noticed that light was on in the room and they went to her room and saw that the victim was trying to consume poison and one suicide note was lying on the bed. They stopped her. Then victim narrated the whole story. Thereupon, complainant and his wife met Isha Madam. Isha Madam told them to drop the matter. Complainant started receiving threats on his mobile. On 31/5/2012 complainant had to vacate the house, shut down his shop and come to Rohtak.

(3.) On the basis of aforesaid written report, FIR No. 339/2012 was registered at Police Station Bhiwadi for the offences under Sec. 376, 376(2)(G) and 120B IPC.