MADAN GOPAL KAKKAD Vs. NAVAL DUBEY

JUDGEMENT

(1.) The factual matrix leading to the filing of this appeal which is quite simple gives an account of a sordid and obnoxious incident wherein the respondent, a medical practioner who had created a private hell of his own was gratifying his animated passions and sexual pleasure by sexually assaulting and molesting young girls not only in utter disregard >of the universal moral code, human dignity, his professional ethics and values but also in flagrant violation of the law of the country.

(2.) The brief facts of this shameless intrigue as unraveled by the prosecution at the trial are as follows : The respondent/accused who just then graduated from the Medical College was staying with his family consisting of his parents, his brothers, his sister-in-law Smt. Tara Dubey and niece Richa Dubey, who is the daughter of the respondents step-brother Niraj Dubey, in Adarsh Nagar, Jabalpur. His father Bhagwan Dass Dubey (D.W. 2) was a retired Professor and his sister-in-law Tara Dubey (D.W. 1) was a lecturer. His another elder brother at the relevant time of this occurrence was working as Superintendent of Police in Rajgarh District. Opposite to his house at some distance Satish Bhasin (P.W. 9) and Sapna Bhasin (P.W. 10) were residing with their minor daugher Priti. Within the same locality 3 or 4 houses away from the house of the respondent/accused, the appellant Madan Gopal Kakad (P.W. 5) was living with his wife, a German lady, by name, Elesabeth Kakad (P.W. 6, his sister Veera (P.W. 7) and his minor daughter Tulna Sheri (P.W. 13, a girl aged about 8 years and his younger son Pulkit. The family members of the respondent and P.W. 5 were on cordial relationship making frequent visits to the houses of each other.

(3.) Tulna Sheri (P.W. 13) the unfortunate victim in this case was studying in the third standard in St. Joseph Convent along with her class-mate Richa Dubey. Tulna used to come frequently to the house of the respondent to play with Richa Dubey and her other girl friends. Tarun Lata Joshi (P.W. 12) was living with her father who was a tenant in the house of P.W. 5.