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Smt Raju Bai vs Ajuba @ Shankar And Anr on 15 December, 2017

S.B. Criminal Leave To Appeal No. 350 / 2017
Smt Raju Bai
Ajuba @ Shankar And Anr

For Appellant(s) : Mr. G.S. Gautam for Mr. Nitin Kumar Sharma
For Respondent(s) : Mr. NS Dhakad PP

The present application for leave to appeal has been

filed to assail the impugned judgment dated 15.2.2017, rendered

by the court of Additional Sessions Judge, Women Atrocities

Cases, No.1, Kota. The said court acquitted accused respondent

for the offence under Section 376 IPC but held him guilty for

offence under Section 354 IPC and sentenced him to undergo

three years RI and pay a fine of Rs.5,000/-, in default thereof to

undergo additional six months SI.

In the present application for leave to appeal,

grievance has been made that the trial Judge gravely erred to

acquit accused respondent for offence under Section 376 IPC. The

trial Judge noted that when the prosecutrix stated that the last

time alleged rape was committed, her mother-in-law while

searching for her and found her in compromising position with the

accused. The relevant finding given by the trial Judge reads as
(2 of 3)


“;gka bl ckr dk mYys[k djuk mfpr gksxk fd ihfM+rk jktw
ckbZ vius c;kuksa esa ;g dg jgh gS fd vkf[kjh ckj tc esjs
lkFk vtwck cykRdkj dj jgk Fkk rks esjh lkl esa wars gq;s
vkdj cykRdkj djrs ns[k fy;k FkkA ysfdu lkl ih0MCY;w0
2 yhykckbZ ;g dg jgh gS fd igyh ckj esjh cgw jktw ckbZ
us eqs ;g crk;k Fkk fd igys Hkh mlds lkFk vtwck xyr
dke dj pqdk gSA ;g fojks/kkHkklh dFku Hkh cykRdkj djus
ds rF; dks lkfcr djus esa lansg iSnk djrk gSA vkxs
yhykckbZ dk ;g dguk gS fd gkFk idM+us dh ?kVuk ds ckn
eSa fjiksVZ izn’kZ ih- 1 o pkd ,QvkbZvkj izn’kZ ih- 2 cgq dks
lkFk ystdkj ntZ djkus vk;h Fkh vkSj iqfyl us nksuksa txgksa
dk uD’kk izn’kZ ih 3 o ih 4 cuk;k FkkA bldk ;g dguk gS
fd ;g ckr lgh gS fd Vkijh okyh us eqs vkdj dgk Fkk
fd vtwck us esjh cgq dk gkFk idM+ j[kk gSA vkxs ;g dgrh
gS fd ;g ckr xyr gS fd eSaus viuh cgq dks [k.Mgj esa bl
?kVuk ls ,d efgus igys vtwck ds lkFk mlds Åij iM+k
ns[k gksA bldh lk{; ls ihfM+rk us vius lkFk cykRdkj
dh ?kVuk lkl ds }kjk ns[kus dk tks dFku fd;k gS mldh
rkbZn ugha gksrh gSA dsoy fjiksVZ djokus okys fnu vtwck }
kjk ihfM+rk dk gkFk idM+ dj mls tcjnLrh ys tkus vkSj
csbTtrh djus dh ckr gh izdV gks jgh gSA”

The trial Judge further noted that the prosecutrix

admitted that in one month, accused had performed sexual

intercourse four times and due to threat given by the accused,

that he will liquidate her husband, she had not reported the

matter to the police. Taking conduct of the prosecutrix, the trial

Judge held it to be a case of consensual sex. Hence, the view

formulated by the trial Judge to acquit the accused respondent of
(3 of 3)

offence under Section 376 IPC, is one view, which is possible on

appreciation of evidence and same cannot be termed perverse.

Consequently, the present application for leave to

appeal being devoid of merits is dismissed.



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