MALKHANSINGH Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The three appellants herein were tried by the Second Additional Sessions Judge, Vidisha, M.P. in Sessions Trial No. 76 of 1992 charged of offences under Section 3(1)(x) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989; Section 376(2)(g) and Section 506 of the Indian Penal Code on the allegation that they had, on March 4, 1992, committed gang rape and criminally intimidated Kumari Lusia a tribal woman, who was posted as Assistant Teacher in the Primary Government School at Village Bagod. The trial Court acquitted them of the charge under the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 but found them guilty of the offence under Section 376(2)(g) of the Indian Penal Code and sentenced them to ten years rigorous imprisonment and a fine of Rs. 2,000/- each under that section. It further found them guilty of the offence under Section 506, Part II of the Indian Penal Code for which they were sentenced to one year rigorous imprisonment. Aggrieved by the judgment and order of the trial Court, the appellant-Malkhansingh preferred Criminal Appeal No. 49 of 1997 while the other two appellants filed Criminal Appeal No. 76 of 1997 before the High Court of Madhya Pradesh at Jabalpur. The High Court by its impugned judgment and order of March 11, 2002 dismissed the appeals. The appellants have preferred these two appeals by special leave.

(2.) The case of the prosecution is that the prosecutrix Kumari Lusiya was working as Assistant Teacher in the Government Primary School at village Bagod. She was aged about 28 years and was unmarried. On March 4, 1992 at about 11.30 a.m. she boarded a bus to go to Bagod and alighted from the bus at about 1.00 p.m. at a place known as Zero Chain Puliya from where her school was located at a distance of about 1 kilometre. After alighting from the bus she proceeded on foot to the school in village Bagod. When she was near the tapara of Baldar Khan she noticed that she was being followed by three persons. When she proceeded some distance she suspected that some of them had come very close to her. She moved to the edge of the path-way giving way to the persons behind her to go ahead. However, one of them, later identified as appellant-Maharajsingh, caught hold of her hands from behind. The prosecutrix objected and raised an alarm calling out for Baldar Khan but no one came to her rescue. On the other hand appellant-Malkhansingh took out a knife and threatened her. Appellant-Musab Khan also took out a knife and threatened her into silence. Two of them then dragged her towards the canal where she was further threatened and made to lie on the ground. When again she persisted in raising alarm, appellant-Maharajsingh placed a knife on her neck and tried to press her neck. Thereafter the appellants-Musab Khan and Malkhansingh removed her clothes and Musab Khan was the first person to sexually assault her followed by Maharajsingh and Malkhansingh. Thereafter they left her giving threats of dire consequences if she reported the matter to the police and reminded her that she would meet the same fate, which Madam Rekha had met, if she reported the matter to the police.

(3.) After the occurrence the prosecutrix left for her home at Bagod and went to school at about 3.00 p.m. On the next day she attended the school but thereafter went to Vidisha accompanied by another Teacher Mangalsingh. At Vidisha she met the Deputy Director of Education, one Mr. Dutta, on March 6, 1992 to whom she narrated the incident and told him that the three boys were after her life and it was not safe for her to go back to Bagod. She requested that she may be transferred to some other school. According to the prosecutrix, Mr. Dutta attached her to a school at Khamkheda with effect from March 10, 1992. She narrated the incident to her colleague Shri Mangalsingh on March 12, 1992, who in turn reported the matter to Kaluram, PW-3, who was the President of District Teachers Association. On March 14, 1992 Shri Kaluram, PW-3, took her to the residence of Superintendent of Police, Vidisha where the prosecutrix handed over a typed complaint to the Superintendent of Police. The said complaint was forwarded to the Kotwali, Vidisha, where a crime was registered. The prosecutrix was thereafter medically examined by Dr. Manju Singhai, PW-1, on the same day at about 6.45 p.m. Her clothes were seized and handed over to the police. The Vidisha Police sent the relevant papers to Police Station, Satpada, since village Bagod fell within the jurisdiction of that police station. The case was investigated and ultimately Musab Khan was arrested on March 29, 1992 while the others were arrested on March 26, 1992. The appellants were put up for trial before the Additional Sessions Judge, Vidisha, where the prosecutrix identified them as the three persons who had subjected her to sexual assault and criminal intimidation.