High CourtsSINGLE BENCH(2017) 01 RAJ CK 0039

Shimbhoodayal Son of Shri Kajodmal vs State of Rajasthan Through P.P.

Rajasthan High Court · Decided on 19 January 2017

HON’BLE JUDGES
Sabina
RESULT
Dismissed
CASE NUMBER
719 of 2009

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

121 paragraphs · 954 words
1.

The appellant had faced trial in FIR No.

278/2007 registered at police Station, Manpur,

District Dausa for the offence under Section 376

Indian Penal Code (here-in-after to be referred to

as " IPC ").

2.

FIR in the present case was lodged by Brij

Mohan, father of the prosecutrix. Thereafter

statement of the prosecutrix was recorded under

Section 164 Code of Criminal Procedure (here-in-

after to be referred to as " Cr.P.C ."), wherein she

alleged that on 7th August, 2007 she had been called

by daughter of appellant to her house. Arti,

daughter of the appellant told the mother of the

prosecutrix that she was alone in her house as her mother had gone somewhere. Due to this reason,

prosecutrix accompanied Arti. However, at night,

prosecutrix was raped by the appellant. The

prosecutrix raised alarm, but the appellant shut her

mouth. There was some discharge and prosecutrix

became unconscious. Thereafter she did not know what

had happened. In the morning, appellant sent the

prosecutrix to her home and threatened her that in

case the occurrence is narrated to anyone, she would

be done to death. Prosecutrix narrated the

occurrence to her mother.

3.

After completion of investigation and

necessary formalities, challan was presented against

the appellant.

4.

Prosecution, in order to prove his case,

examined 10 witnesses during trial.

5.

Appellant when examined under Section 313

Cr.P.C. prayed that he has been falsely involved in

this case as some dispute relating to wall of the

house was pending between the parties.

6.

Trial court vide judgment / order dated

27.6.2009 ordered the conviction and sentence of the

appellant under Section 376 IPC. Hence, the present

appeal by the appellant.

7.

Learned counsel for the appellant has

submitted that the appellant has been falsely

involved in this case due to dispute pending between

the parties relating to wall of the house.

Prosecutrix was habitual of sexual intercourse and

had not suffered any injury.

8.

Learned State Counsel, on the other hand,

has opposed the appeal.

9.

PW-1 Brij Mohan, father of the prosecutrix,

while appearing in the witness box deposed that on

Saturday he reached home at about 8.30 PM. He had

come to know about the occurrence a day before,

Prosecutrix, his daughter, was aged about 12-13

years. Appellant was his uncle and had raped his

daughter. He lodged the report on Sunday. Daughter

of the appellant had called the prosecutrix and had

talked to his wife in this regard. He was informed

that his daughter had been raped by the appellant by

his wife.

10.

Prosecutrix while appearing in the witness

box deposed that on 7th August, 2007 she was eating

her meals. At about 7.00 PM her mother was making

Chapaties. Arti, daughter of the appellant came to

their house and told her mother that she should

allow the prosecutrix to sleep in their house as she

was alone. Mother of the prosecutrix allowed the

prosecutrix to go with Arti. Appellant was present

in the house. Arti told the appellant that he should

sleep outside and she would sleep inside with the

prosecutrix after bolting the door from inside.

Prosecutrix then went to sleep with Arti. However,

at night appellant came inside. Prosecutrix noticed

that Arti was not in the room. Thereafter appellant

took off the clothes of the prosecutrix and raped

her. As a result, she became unconscious and in the

morning she was woken up by throwing water on her

face and she was sent home. After about one or two

days, grand-father of the prosecutrix was sitting

outside on a cot. At that time, Babu Lal, brother of

the appellant told her grand-father that they could

do whatever they wanted. They would repeat the

offence. She had narrated the occurrence to her

mother in the morning as her father was not at home.

Her mother had informed her father on phone at

Jaipur qua the occurrence.

11.

Mother of the prosecutrix Narbada while

appearing in the witness box as PW-7 has

corroborated the statement of the prosecutrix on

material aspects.

12.

PW-2 Dr. Anjana Bhargava deposed that on

12th August, 2007 she had medically examined the

prosecutrix. She proved the report Ex.P/4.

13.

A perusal of the report (Ex.P/4) reveals

that the age of the prosecutrix, after medical

examination, was opined as 13-15 years. As per the

said report, hymen of the prosecutrix was ruptured.

It was also opined that there was no evidence that

the prosecutrix was not habitual of sexual

intercourse.

14.

Thus, in the present case, the prosecutrix

was a minor girl aged about 13/15 years. Appellant

is related to the prosecutrix. In these

circumstances, the fact that the prosecutrix had

been sent to the house of the appellant on a request

made by his daughter appears to be natural and

believable. While the prosecutrix was sleeping in

the house of the appellant, she was raped by the

appellant. In this regard, the medical evidence

corroborates the statement of the prosecutrix.

Although the appellant has taken the plea that he

has been falsely involved in this case due to

dispute relating to wall of the house pending

between the parties, but the said plea fails to

inspire confidence. The parents of the minor girl

would not have falsely involved the appellant in

this case as the honour of their minor daughter was

also at stake. Statement of the prosecutrix being

natural inspires confidence. Prosecutrix was duly

cross-examined by the learned defence counsel and

she withstood the test of cross-examination.

15.

Keeping in view the facts and circumstances of the case, learned trial court has rightly ordered

the conviction and sentence of the appellant. No

ground for interference is made out.

16.

Appeal is dismissed.