RAJENDRA CHATURVEDI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This revision is against the order dated 12-7-1995 passed in Sessions Trial No. 43/1993 by the First Additional Sessions Judge, Rewa, whereby he has directed for arraigning the applicant as an accused for an offence under Section 366/109 of the Indian Penal Code by virtue of Criminal Procedure Code, 1973 (hereinafter referred to as "the Code").

(2.) The husband of complainant Saraswati (PW-1) was posted as Constable in the Ninth Battalion, Special Armed Force (SAF) Rewa. At the relevant time Saraswati (PW-1) was staying at Rewa with him. The applicant was commandant of that Battalion and he was staying at Gulab Club, Rewa, On 29-8-1986 Saraswarti (PW-1) lodged a written complaint with the applicant that on the previous night of 28-8-1986 at about 10.00 p.m. Constables Albert Fasana and Ashok Kumar had entered her house and committed robbery at gun point. They then dragged her to the room of applicant and pushed her inside the room. On seeing this, the applicant asked her to go back to her quarter. A copy of the complaint was also sent by Saraswati (PW-1) to nine other dignitaries. The incident was investigated by the Criminal Investigation Department (CID). The complaint dated 29-8-1986 of Saraswati (PW-1) was registered as first information report. During investigation, statement of Saraswati (PW-1) and her son Jagendra (PW-2) were recorded on 5-4-1988. Under Section 161 of the Code, these statements have been filed as Annexures E and F along with the memo of revision. Neither in the written complaint nor in these statements which were recorded after 1 year Saraswati (PW-1) and Jagendra (PW-2) did not make any allegation against the applicant that he committed any offence or he was, in any way, associated with the wrong doing of Constable Albert Fasana and Ashok Kumar. After completing the investigation, Criminal Investigation Department (CID) fled a charge-sheet against Constables Albert Fasana and Ashok Kumar. Constable Ashok Kumar was declared an absconder.

(3.) The trial against Constable Albert Fasana commenced on 11-7-1995. On this date evidence of Saraswati (PW-1) and Jagendra (PW-2) was recorded. Saraswati (PW-1), for the first time i.e. after nine years from the date of incident, stated that when she was taken to the room of applicant he had closed the room and misbehaved with her. She also stated that applicant assured to promote her husband and offered to give her Rs. 10,000/- but when she declined to accommodate him, he slapped her. She further stated that she escaped by opening the door of bathroom. Jagendra (PW-2) did not depose anything against the applicant. It is on the basis of the evidence of Saraswati (PW-1) recorded on 11-7-1995 the trial Court, by the impugned order, has directed for arraigning the applicant as an accused on the ground that he had abetted the two Constables Albert Fasana and Ashok Kumar to kidnap Saraswati (PW-1) for him for the purpose of having sexual intercourse with her.