CHANDRAPPA Vs. STATE

JUDGEMENT

(1.) It all happened on 22.11.1995 at 2.30 a.m. in the outskirts of a very busy village, at the house of the victims, a lone house in that area. The inmates of the house were fast asleep as anybody else in the village. Repeated ringing of calling bell, awakened them. Sensing something untoward, they did not open the door. But, a gang of 8 assailants, covering their faces with masks, broke open the door of the house, attacked the sole adult male member of the family with deadly weapons, tied him to a fan hook in the roof, undressed him, took his wife to the kitchen, gang raped her, took his 17 years old daughter to the bed room, gang raped her, put his other two children in a room under fear of death, looted the properties from the house as well as from the person of the victims, remained in the house performing these ghastly acts for about 11/2 hours; and then fled away with looted articles unnoticed by anybody else. The victims were disabled from even screaming for help. For the victims, it took some time to overcome the shock. This horror was executed in the land of "Mahatma" who respected the women with reverence.

(2.) If the culprits have been properly identified and offences have been proved beyond reasonable doubt in accordance with the principles of criminal jurisprudence, one can be sure, the culprits cannot escape without visiting very deterrent punishment. But, this Court finds that the poor victims have not been rendered justice as the Police, Additional Public Prosecutor and the trial Court were insensitive to rule of law.

(3.) Before further adverting to the facts of the case, let us once again read, with concern, the following painful observations made by the Hon'ble Supreme Court in what is commonly known as "Best Bakery Case" [Zahira Habibulla H. Sheikh and Anr. v. State of Gujarat and Ors., 2004 4 SCC 158