Movani vs State Of Rajasthan ...
2023 Latest Caselaw 5567 Raj

[2023:RJ-JD:24800]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                     S.B. Criminal Appeal No. 90/2023

Movani W/o Shri Arjun Ram, Aged About 36 Years, R/o Opposite
Sudarshan Factory Tateli At Present Talwarnaka Aburoad Sadar
Dist. Sirohi Raj.
                                                                     ----Appellant
                                      Versus
State Of Rajasthan, Through PP
                                                                   ----Respondent


For Appellant(s)             :    Mr. Shambhoo Singh Rathore
For Respondent(s)            :    Mr. Gaurav Singh, PP



                HON'BLE MR. JUSTICE FARJAND ALI

                                   Judgment

DATE OF JUDGMENT                          :::                      03/08/2023


BY THE COURT:-

1. The instant appeal has been filed by the appellant Smt.

Mohini under Section 374 (2) of the Cr.P.C. against the judgment

dated 20.12.2022 passed by the learned Additional Sessions

Judge No.2 Abu Road District Sirohi in Sessions Case No.3/2018

whereby the learned Judge has convicted the appellant for offence

under Section 211 of the IPC and sentenced to suffer 2 years

simple imprisonment and imposed a fine of Rs.5000/- upon her as

default clause.

2. Briefly stated the facts of the case are that the appellant had

lodged an FIR No.230/2012 at the Police Station Abu Road

against one Buna for the offence under Sections 376 & 452 of the

IPC alleging inter alia that the said accused forcibly entered into

her house and committed rape upon her. After investigation, a

[2023:RJ-JD:24800] (2 of 4) [CRLAS-90/2023]

negative final report came to be submitted by the Police and was

accepted by the trial Court.

3. In this scenario, noticing the fact that the appellant who was

the victim of rape case set the machinery in motion based on the

false allegation, a criminal complaint for offence under Section

211 of the IPC was submitted by the SHO, Police Station Abu Road

District Sirohi against the appellant.

4. After taking cognizance, committal proceeding and framing

of charge, the trial was commenced. At the outset, the learned

counsel Shri Shambhoo Singh representing the petitioner fairly

and candidly admits that he does not press over the finding of

guilt however, he argues that the appellant is a middle aged lady

of a poor family and hails from tribal area. It is also submitted

that she underwent the rigor of judicial process for long 11 years

and therefore, a lenient view may be taken on the point of

sentence.

5. Learned Public Prosecutor does not dispute the fact that

appellant is a member of Scheduled Tribe and belongs to a poor

family, is residing in a remote area and she has no criminal

antecedents except the present one.

6. Heard learned counsel for the appellant as well as learned

Public Prosecutor for the State and have minutely gone through

judgment and the other material available on record.

7. I have minutely gone through material available on record

as well as the judgment passed by the learned trial Court. The

finding of guilt arrived at by the learned trial Judge, which in my

view, does not require any interference by this court and thus the

judgment of conviction is upheld.

[2023:RJ-JD:24800] (3 of 4) [CRLAS-90/2023]

8. As far as the sentence is concerned, no minimum sentence

has been provided under Section 211 of the IPC and the sentence

clause begins that upon conviction the accused shall be punished

with either description of imprisonment for a term upto two years

or with fine or both and if the criminal proceeding got instituted on

a false charge of an offence punishable with death or

imprisonment of seven years or offence, the same shall be

punishable with imprisonment of either description for a term

which may extend to seven years and also be liable to fine.

9. A plain reading of the provision does not provide any fetter

for reduction of the sentence or extension of benefit of probation.

As mentioned above, the appellant is a middle aged lady and a

member of Scheduled Tribe, belongs to a very poor family and is

a resident of tribal area. It is apprised to this court that appellant

has not found involved in any other case. Even in instant case

instituted by her against the accused for committing rape, she had

clarified the fact situation before the learned Magistrate when she

was produced before him for recording the statement under

Section 164 of the Cr.P.C. he candidly had clarified the fact

situation. Admittedly, the said accused Buna was neither

chargesheeted nor force to face the trial and infact the judicial

function was not set in motion.

10. Considering the overall facts and circumstances of the case

this court deems it just and appropriate that sending the appellant

behind the bars for after 11 years of the incident would not be

justifiable in any manner. She deserves a sympathetic view and

thus, this Court feels persuaded to interfere in the order of

sentence passed by the learned trial court.

[2023:RJ-JD:24800] (4 of 4) [CRLAS-90/2023]

11. Accordingly the appeal is allowed in part. The judgment of

conviction is maintained however, the order of sentence passed

vide judgment dated 20.12.2022 in Session Case No.3/2018 by

the learned Additional Sessions Judge No.2 Abu Road, District

Sirohi is hereby set aside and instead thereof, the appellant is

directed to appear before the trial Court on or before 30.11.2023

and furnish a personal bond in the sum of Rs.25000/- with the

stipulation that she will not repeat the offence or indulge in any

such type of activity.

12. The application for suspension of sentence also stands

disposed of.

(FARJAND ALI),J 265-Mamta/-

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