JUBEDABEN RANABHAI JUNEJA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THESE appeals arise out of common background. We may therefore, notice facts as emerging from Letters Patent Appeal No. 1437/2010. The appellant Jubedaben Juneja at the relevant time was engaged as a Head Constable (Grade -I) and was posted at Gondal police station. Appellant of Letters Patent Appeal No. 1438/2010 Indumati Jobanputra was head constable posted at the same police station. One accused lady who was arrested in connection with the offences punishable under sections 379, 511 read with 114 of the IPC, was kept at the house of the said lady constables on 6.10.1993. As per the appellants since there was no facility available with Gondal police station to keep a lady accused in lock -up, she was brought to the house of Jubedaben and later on kept at the house of Indumati for custody. On 7.10.1993 at about 6 O' clock in the morning, the accused escaped. A criminal case in this respect was filed in which ultimately both the lady constables were shown as accused of having committed offences punishable under sections 224, 225A and 225B read with section 114 of the IPC.

(2.) LEARNED Judicial Magistrate First Class, Gondal, by his judgment dated 17.8.2004 passed in Criminal Case No. 519/1994 convicted both the accused constables for offence punishable under section 225A of the Penal Code and sentenced them to simple imprisonment for six months. He imposed fine of Rs. 250/ - each.

(3.) SUCH judgment of the learned Magistrate was challenged by the accused. A common appeal was filed before the Sessions Court. The Sessions Court dismissed the appeal by judgment dated 31.7.2007. Against such judgment of the Sessions Court, the appellants also approached the High Court, The revisions petitions were also dismissed.