CHANDRIKA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Chandrika has preferred this appeal against his conviction under Sections 323/363/366 and 376, I.P.C. and sentence of 8 months R.I., 4 years R.I. 6 years R.I. and imprisonment for life imposed by Additional Sessions Judge, Gyanpur, district Varanasi by the judgment and order dated 14-6-1991 in S.T. No. 2 of 1990. All the sentences imposed upon the appellant were ordered to run concurrently.

(2.) The case of the prosecution, in brief, is that at the relevant time PW 6 Smt. Prema Devi was working as Lady Warder in Gyanpur Jail. PW 2 Smt. Adesh Devi is her daughter, Smt. Adesh Devi had three daughters of which two are the victims of this unfortunate incident viz., PW 7 Km. Suman, aged about 6 years and Km. Deepmala, aged about 2 years. Km. Deepmala used to remain constantly ill. Mishri Lal who was the brother of the appellant Chandrika was confined in the Gyanpur Jail. One Indra Devi, resident of village Chhibiya P.S. Koirauna was also confined in Gyanpur Jail. The appellant Chandrika used to come to Gyanpur Jail to meet his brother Mishri Lal, Indra Devi told PW 6 Smt. Prema Devi that the appellant Chandrika is a very good Ojha (exorcist) and he can care Deepmala of her illness. Indra Devi also introduced the appellant Chandrika to PW 6 Smt. Prema Devi, who asked him to examine Deepmala. The case of the prosecution further came to the house of Smt. Adesh Devi, examined her ailing daughter Km. Deepmala and recited some prayers, etc., After three days he again came to the house of Smt. Adesh Devi at about 11.00 a.m. At that time Smt. Prema Devi was not present in the house. The appellant told Smt. Adesh Devi that as certain necessary object (brahma-ka-chaura) was not present, the girl was not recovering. He suggested that he will take the girl to his own house and after performing the necessary prayers. etc., would come back the next day. He further told Smt. Adesh Devi that her mother (Smt. Prema Devi) had also asked him to take the girl to his own house. Smt. Adesh Devi believed the appellant and handed over the girl Km. Deepmala to him. The girl started weeping on which she asked her elder daughter Km. Suman to accompany them and after they were seated on the bus she should come back. Thereafter, the appellant along with Km. Deepmala and Km. Summan boarded the bus. Km. Suman had been directed by her mother to get down at Durgaganj crossing. However, when Km. Suman tried to get down at Durgaganj crossing, the appellant put a handkerchief near her nose due to which she became unconscious. The appellant then got down from the bus at some distant place along with the girls. walked on foot for some time and then he took the girls to a Nala. There he gave some beating to Km. Suman and raped her. He also caused injuries to her younger sister Km. Deepmala and thereafter ran away leaving the girls in the Nala. The following morming i.e. on 23-11-1988 at about 7.00 a.m. some people of village Baripur saw the girls in the Nala. The information was conveyed to PW 1 Balley Ram, Chowkidar, who also came there. On enquiry, Km. Suman told the names of her parents and also her address. She also narrated as to how she and her sisster had been brought to the Nala by an Ojha (exorcist) and also the fact about commission of rape upon her. PW 1 Balley Ram, Chowikdar then brought the girls on a jeep to P.S. Koirauna. From there he along with some police personnel came to Gyanpur and then after finding out the address of the parents of the girls reached their house. The mother and grand mother of the girls met them there. Thereafter, Ballay Ram lodged the FIR of the occurrence at 10.30 a.m. on 23-11-1998 at P.S. Koiorauna. The victims namely, Km. Suman and Km. Deepmala were subsequently sent to Varanasi for expert treatment. The case was initially investigated by PW 3 J.R. Tripathi and subsequently by PW 10 Kailash Pati Pandey. After investigation, charge sheet was submitted against the appellant.

(3.) After the cognizance had been taken, the learned C.J.M. committed the case to the Court of Sessions. The learned Sessions Judge framed charges under Sections 323/363/366 and 376, I.P.C. against the appellant, who pleaded not guilty and claimed to be tried. The prosecution in support of its case examined 10 witnesses. The accused in his statement under Section 313, Cr.P.C. denied the case of the prosecution. He stated that there was some dispute regarding money with Nanki, Munnu and Ram Iqbal, who turned him out of the village and then he started doing puja in a temple. When his brother Mishri Lal was detained in jail, he used to do his parivi. The rival party had good relations with Smt. Prema Devi and they got him falsely implicated in the case. The girl who was victim of rape used to go to jail along with her grand mother and he was shown to her in jail. He further stated that the case against him was entirely false. However, he did not lead any evidence in his defence. The learned Sessions Judge believed the case of the prosecution and convicted and sentenced the appellant as stated above.