Rekha W/O Anoop D/O Shivcharan Vs State of Rajasthan

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[2025:RJ-JP:21228]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Criminal Misc Suspension Of Sentence Application (Appeal) No. 327/2025

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In

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S.B. Criminal Appeal No.283/2025

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Rekha W/o Anoop D/o Shivcharan, Resident of Vishala Police Station Mehandipur Balaji Dsitrict Dausa Presently Resident of Nithar Police Station Bhusawar District Bharatpur (Presently Confined In Central Jail Jaipur)

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----Appellant

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Versus

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State Of Rajasthan, Through P.P

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Victim, R/o

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----Respondents For Appellant(s) : Mr. Arvind Sharma For Respondent(s) : Mr. Devi Singh, PP Mr. Mahendra Kumar Naharwal with Ms. Indra Sharma for complainant

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HON'BLE MR. JUSTICE ASHOK KUMAR JAIN

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Order

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19/05/2025

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The instant application for suspension of sentence is preferred by the appellant-applicant accused Rekha W/o Anoop D/o Shivcharan (hereinafter referred to ‘the appellant’) in pending appeal aggrieved from order of conviction and sentence dated 15.01.2025 in Sessions Case No.7/2021 passed by learned Additional Sessions Judge No.2, Bandikui, District Dausa, whereby the appellant was convicted for offence under Sections 376-D and 342 of IPC. The maximum sentence awarded to the appellant is 20 years.

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Learned counsel for the appellant submits that the appellant is an innocent person and she was falsely implicated by complainant. He further referred Ex.P-6 FIR and submits that the prosecutrix is an adult married female having two children. He further referred cross-examination of PW-1 and submitted that the report was registered only because brother-in-law of prosecutrix came to know about the incident. He further referred the crossexamination of PW-9 (brother-in-law of prosecutrix) and submitted that the contradictions in the statements of PW-1 and PW-9 are sufficient to distrust the story of prosecution. He further referred the statement of PW-5 Dr. Manju Meena and submitted that no injury was found on body of prosecutrix. He further referred the circumstances of the case and also the evidence on record and submitted that the trial Court has ignored the evidence and contradictions. He also referred FSL report and medical report and submitted that none of them is helpful for the prosecution. At last, he submitted that the appellant accused was on bail during trial and disposal of appeal will take its own time.

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Aforesaid contentions were opposed by learned Public Prosecutor and learned counsel for the complainant. Learned Public Prosecutor has submitted custody certificate and same is taken on record.

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Learned counsel for the complainant while relying upon statement of prosecutrix PW-1 has submitted that the main role in the incident is of present appellant and she has facilitated other accused to commit rape with victim. He also submitted that the prosecutrix has deposed against the appellant and her deposition is trustworthy.

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Heard learned counsel for the parties and learned Public Prosecutor. Perused the record.

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On basis of report Ex.P-1 lodged by PW-1 with her husband about rape by accused Chetram with aid, assistance and conspiracy of present appellant, FIR No. 283/2020 under Sections 376-D and 307 of IPC and Section 3/25 of Arms Act was registered at Police Station Kolwa, District Dausa. After investigation, police has filed a charge-sheet against the accused Chetram and kept investigation pending against the present appellant but afterwards filed a supplementary charge-sheet against the present appellant. After framing the charge, the prosecution has examined 16 witnesses and exhibited 21 documents. The accused were examined under Section 313 CrPC and they have not submitted any defence evidence but exhibited one document. The trial Court has convicted and sentenced the present appellant accused.

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The appellant accused is a female through she was named in FIR dated 01.12.2020. This appellant accused was on bail during trial in pursuance of order dated 17.11.2021 in S.B. Criminal Misc. Bail Application No.18461/2021 by a Co-ordinate Bench of this Court. The charge of rape is against Chetram and learned counsel for complainant has submitted that Chetram is having criminal antecedents and same is evident from Ex.P-18 wherein 15 criminal case are registered against Chetram. We have considered the statement of victim recorded as PW-1 and also considered her cross-examination wherein she admitted that her brother-in-law (Dever) PW-9 came to know about her presence with Chetram in the house of Rekha, resulted in registration of case. We have

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considered statements of PW-7 and PW-9 and also considered statement of PW-5 Dr. Manju Meena. The disposal of appeal will take its own time. At this stage, it is not possible for us to express any opinion merits of the case. The appellant is a female and having a minor daughter presently residing with her in prison. Therefore, without expressing any opinion on merits, I am of considered view that it is a fit case wherein appellant can be enlarged on bail.

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In view of discussion made hereinabove, the instant suspension of sentence application is hereby allowed and it is ordered that sentence of appellant-applicant accused Rekha W/o Anoop D/o Shivcharan is suspended till disposal of appeal with the condition that she would execute a personal bond in the sum of ₹50,000/- with two sureties of ₹25,000/- each to the satisfaction of the learned trial Judge for her appearance in this Court on 29.08.2025 and whenever ordered to do so till the disposal of the appeal on the conditions indicated below:-

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That the appellant accused shall not indulge in any criminal activity and not repeat crime of any nature during period of suspension of sentence/bail.

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That the appellant will appear before the Trial Court in the month of January of every year till the appeal is decided.

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That if the appellant changes the place of residence, she will give in writing her changed address to the trial Court as well as to the counsel in the High Court.

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