Shiv Kumar Sharma, J. - (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: - Charan Singh U/s. 376 IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for six months. U/s. 344/120B IPC: To suffer rigorous imprisonment for two years. U/s. 382 IPC: To suffer rigorous imprisonment for seven years and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for six months. Smt. Krishna: U/s. 376/120B IPC: To suffer rigorous imprisonment for ten years and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for six months. U/s. 344/120B IPC: To suffer rigorous imprisonment for two years. U/s. 382/120B IPC: To suffer rigorous imprisonment for seven years and fine of Rs. 500/ -, in default to further suffer rigorous imprisonment for six months. The substantive sentences were ordered to run concurrently. It is the prosecution case that the prosecutrix 1 (Name withheld) handed over a written report (Ex. P -1) on June 23, 2004 to SHO Police Station Vidhayakpuri Jaipur to the effect that she fell in love with one Rakesh, who asked her to go to Jaipur. On June 9, 2004 she left her village for Jaipur. She travelled by bus to Jaipur and got down at bus -stand. In front of Rajput Hostel she met with Krishna (appellant), who allowed her to reside in her house. In the house of Krishna she met with Charan Singh, husband of Krishna. On the next day while Krishna was away Chanran Singh committed rape on her. This illegal act was repeated again on June 13. Charan Singh and Krishna persuaded her to marry with their near relative Sattu, who came over there and thereafter committed rape on her nine times. Sum of Rs. 15,000/ - brought by her from her village was also snatched by Charan Singh and Krishna. On that report a case under Ss. 376, 344 and 120B was registered and investigation commenced. The prosecutrix was medically examined, appellants were arrested, statements of witnesses under Sec. 161 CrPC were recorded, necessary memos were drawn and on completion of investigation charge sheet was filed. In due course the case came up for trial before the learned Additional Sessions Judge (Fast Track) No. 1, Jaipur City Jaipur. Charges under Ss. 376, 376/120B, 344, 344/120B, 382 and 382/120B IPC were framed against the appellants, who denied the charges and claimed trial. The prosecution in support of its case examined as many as 11 witnesses. In the explanation under Sec. 313 CrPC, the appellants claimed innocence. One witness in support of defence was examined. Learned trial Judge on hearing final submissions convicted and sentenced the appellants as indicated herein above.
(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.;