BALRAM SINGH Vs. STATE OF M P

JUDGEMENT

(1.) THE appellant who was a responsible police officer, was holding post of Circle Inspector in the police department of Government of M.P. He has been convicted for committing rape on Shyam Bai prosecutrix, under Sections 376, 366 and 342 IPC and sentenced to undergo R.I. for a period of five years under Section 376B, under Section 366 to undergo R.I. for 3 years, under Section 342 to undergo R.I. for 3 months.

(2.) THE incident took place on 2nd April, 86 and at the relevant time appellant Balram Kusre was posted as Circle Inspector at Balod, District Durg. Accused Balram Kusre was residing in the house of Ratanlal situated near the petrol pump. As per the prosecution case, on 2 -4 -1986 in the night at about 10:30 p.m. few persons of Tikrapara, Balod found prosecutrix Mst. Shyam Bai and one Roopram in suspicious condition in the house of one Meena Bai. They both were brought to the police station and were placed in the custody of police. Incharge of police station Balod registered a case under Section 151 against Roopram and since it was night he was sent to the house of Kachra Bai for sleeping. Thereafter, in the night about 2 -2:30 a.m. accused Gannulal Constable went to the house of said Mst. Kachra Bai and informed that Balram Kusre, Circle Inspector, would come. Kachra Bai asked constable Gannulal to go away. Thereafter Circle Inspector Balram Kusre reached the house of Kachra Bai along with constable Gannulal and succeeded in taking out Shyam Bai under the guise of recording her statement. She was taken to the house of Circle Inspector Balram Kusre by Gannulal from the house of Kachra Bai over a cycle. Another constable Anandram No. 941 was asked by him to take Shyam Bai to the resident of Balram Kusre. Accused No. 1 Anandram Constable took Shyam Bai to the residence of accused Balram Kusre. Accused Balram Kusre took Shyam Bai in his room, bolted the door from inside and thereafter he performed forcible sexual intercourse with the prosecutrix. In the morning about 4 a.m. accused Gannulal came again to the house and as per the directions of Circle Inspector Balram Kusre accused appellant he again took Shyam Bai to the house of Kachra Bai. Accused Balram Kusre had threatened the prosecutrix that she should not disclose the incident to anybody otherwise she would be put behind the bar. Hence, owing to the fear of Circle Inspector she went to her village without lodging the report at the police station. Kachra Bai, informed the incident to one of the members of Nagrik Manch namely, Mr. Ghanshyam Agrawal with whose help a written report was prepared and sent to the higher officials and thereafter the prosecutrix had lodged the report at police station on the basis of which the offence was registered against the accused.

(3.) ACCUSED abjured the guilt and contended that he was falsely implicated in the case owing to the political intervention of Nagrik Manch and he was innocent. Gannulal who has been acquitted took the defence that Circle Inspector Balram Kusre used to do the office work at his residence and he was his higher officer and under the orders of Balram Kusre, Circle Inspector, he and constable Anandram took Shyam Bai to the house of Balram Kusre. Trial Court has convicted the appellant Balram Kusre and acquitted Gannulal, accused No. 2.