RAMDAS MAHADEORAO SHRIRAO Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) HREE Police Officials who are the protector of law and order, are prosecuted under section 376 (2) of I. P. C. for committing rape on a Adiwasi Korku woman of village Toranwadi. Out of the three Police Officials, the applicant Nos. 1 and 2 are the Constable and the accused No. 3 P. H. C. Ramchandra is absconding as he was denied anticipatory bail by this Court. Besides three Police Officials, the applicant No. 3 Turrebajkhan and P. S. I. Patil are also prosecuted for abetting the offence.

(2.) THE applicants Nos. 1 and 2 and the absconding accused P. H. C. Ramchandra were attached to Police Station, Chikhaldara, Tahsil Achalpur, District Amravati. Police out-post Katkumbh is within the jurisdiction of Police Station Chikaldara. At the relevant time, i. e. on 17-8-1991, Constable Mohan Singh was posted at the out-post, Katkumbh. On or about 15th or 16th August, 1991, one Shalikram, a resident of village Toranwadi and nephew of Tanu Darshimbe, reported to Police Out-post, Katumbh, that his uncle Tanu extended threats to him. Constable Mohan Singh along with the reporter Shalikram, went to the village Toranwadi, which is hardly 3 kms. away from the Out-Post Katkumbh. P. C. Mohan Singh was highly intoxicated. He enquired about Tanu. The only inmate then present in the house was the prosecutrix Smt. Munnibai wife of Sukhdeo. P. C. Mohan singh entered into 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 as well as the other women-folk from the neighbourhood came on the spot and over powered P. C. Mohan Singh. Initially, the women-folk of the village tried to tie P. C. Mohan singh by dupatta, but they found themselves not in a position to do so, they raised the shouts and thereby male members also came to the house of the prosecutrix. The male members of the village, who had assembled, then tied P. C. Mohan Singh with the help of rope.

(3.) AFTER the arrival of Tanu, the father-in-law of Smt. Munnibai, she narrated the story to him. He immediately rushed to village Jarinda-the Forest Outpost, where the facility of wireless is available. It being the night time, the Forest officials who were present then, declined to send the message to Chikhaldara Police Station. Tanu haulted there overnight and on the next morning again he requested the Forest official to convey the message to Chikhaldara Police Station, of out-raging the modesty of his daughter-in-law. They demanded money. He was not in a position to pay message was sent to the Police Station, Chikhaldara.