KU ANJU KHATRI Vs. GYANCHAND

JUDGEMENT

(1.) This case was registered on a letter from the prosecutrix Ku. Anju Khatri relating to the case registered for an offence under Sections 376/34, I.P.C. wherein, accused Gyanchand and Kamal Jain were apprehended by Police, Vidisha. The two accused having been allowed bail by the trial Court the cancellation thereof and the transfer of the case from the Court of Additional Sessions Judge, Vidisha (Sh P. D. Maran) is prayed. Earlier, on an application being made by accused Gyanchand for bail, this Court having considered all the available material and the circumstances of the case had dismissed the application under a detailed order dated 18-3-91 in Cr. Misc. Case No. 448/91. On facts, the case of co-accused Kamal Jain is also similar and not distinguishable from accused Gyanchand.

(2.) Later, a further application for bail was made by accused Gyanchand on a special ground of illness of his father, submitting that his presence was required for attending his father, but that too was dismissed on 4-7-91 in Cr. Misc. Case No. 1243/91.

(3.) A brief narration of facts would facilitate the further discussion. According to prosecution, when prosecutrix Ku. Anju was returning home from her friends' house and happen to pass in front of the house of accused Kamal Jain, the accused persons, whom she used to call as uncle, taking advantage of their position as such, took her upstairs on the pretext of giving her the photo reels. At that time, the mother of accused Kamal was not at home. Prosecutrix was made to enter the room and the accused persons then close the door from inside and undressed her. Thereafter, each of the accused committed rape on her and during the commission of the sexual acts with the prosecutrix, the other accused took photographs. She was put under the fear and a threat was given that if she disclosed the incident to anyone her naked photographs of the sexual acts would be published in the town.