Rajasthan High Court Refuses To Suspend Sentence Of Physical Training Instructor Convicted For Rape, Suicide Of 17-Yr-Old Dalit Girl

The Rajasthan High Court has refused to suspend the sentence of a Physical Training Instructor (PTI), who was convicted for rape and abetment of suicide of a 17-year-old student in 2021. The division bench of Justice Vijay Bishnoi and Justice Rajendra Prakash Soni said allegations levelled against the accused applicant-appellant are serious and that after carefully scrutinizing the evidence available on record, it is not inclined to suspend the substantive sentence awarded to him.In 2016, the victim was found dead at her college in Bikaner following which her parents alleged that she was raped by the PTI. The dead body of the victim was found in a water tank at the institute where she was a student.The trial court on October 08, 2021 convicted the instructor, the principal and the warden of the Institute under the various provisions of IPC, POCSO Act and Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. While the PTI was convicted under Sections 363, 366, 376, 305 of IPC and Sections 3 of SC/ST Act, and sentenced to life imprisonment, the Principal and the Warden were sentenced to 6 years of imprisonment and fine.The counsel appearing for the applicant submitted that there is no material available on record to substantiate the fact that he committed any crime with the deceased having full knowledge that she belonged to scheduled caste community.It was further submitted that testimony of prosecution witness, the father of the deceased, is simply based on hearsay evidence and is not corroborated by any independent witness against the applicant. The counsel argued that the other prosecution witnesses have not supported the prosecution story and turned hostile as well as nothing concrete could be elucidated in their cross-examination.On the other hand, the Special Public Prosecutor submitted that the role and motive of the applicant has been established beyond reasonable doubt by the prosecution by producing cogent and reliable evidence.It was further submitted that from the material available on record, it can be concluded that the applicant committed crime with the deceased having full knowledge that she belonged to scheduled caste community.Case Title: Vijendra Singh v. State of Rajasthan & Anr. Citation: 2023 LiveLaw (Raj) 67Coram: Justice Vijay Bishnoi and Justice Rajendra Prakash SoniFor Applicant : Mr. Pradeep ShahFor Respondent No.1 : Mr. Nihalsingh Rathod, Special P.P. Ms. Disha Wadekar, Asstt. Special P.P. Ms. SukanyaFor Respondent No.2 : Mr. Shreyansh MardiyaClick Here to Read/Download Judgment

Rajasthan High Court Refuses To Suspend Sentence Of Physical Training Instructor Convicted For Rape, Suicide Of 17-Yr-Old Dalit Girl

Udit Singh

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