RAMCHANDRA ZINGUJI GADEKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS is an application by the protector of law - a Police Head Constable, seeking anticipatory bail, as he has been charged for the offence of rape and that too on a Adiwasi Korku Woman.

(2.) ADMITTEDLY, the applicant, the Police Head Constable, was attached to the Police Station, Chikhaldara.

(3.) POLICE Outpost, Katkumbh is within the jurisdiction of Police Station, Chikhaldara. At the relevant time, Constable Thakur was posted at the Police Outpost, Katkumbh. On or about 16th August, 1991, Shalikram, the nephew of Tanu Darshimbe, reported the matter to the Police Outpost, Katkumbh that his uncle Tanu extended threats to him and, therefore, P. C. Thakur along with reporter Shalikram, went to the village Turanwadi which is hardly 3 kms. P. C. Thakur was highly intoxicated. He enquired about Tanu. Only inmates then present in the house was Smt. Munnibai, the wife of Sukhdeo, i. e. the daughter-in-law of Tanu Darshimbe. Instead of this, P. C. Thakur entered in the house of Smt. Munnibai and pressed her breast and tried to out-rage her modesty. She raised hue and cry. Her mother-in-law and other women-folk of the neighbourhood entered in the house of Smt. Munnibai and over-powered P. C. Thakur. Woman-folk tried to tie P. C. Thakur with dupatta, but they found the task impossible and, therefore, they too raised hue and cry. Consequently, the male members also assembled. They all tied P. C. Thakur by rope. He was in that position for about 4 to 5 hours.