STATE OF M P Vs. RAMPAL SINGH

JUDGEMENT

(1.) This is an appeal against acquittal. The accused-respondent has been acquitted of a charge under section 377, IPC by the lower appellant Court.

(2.) Short facts of the case are that on 11th October, 1976 arround 12 in the niciht the accused who was a Police constable picked-up a boy, Chand Khan (P. W. 7), aged about 16 years from Railway Station, Jaora, under the pretext that be was a suspect pickpocket and was required to be taken to the Police Station. The accused asked him to accompany him and he took him on his bicycle on his quarter in the campus of Sarafa Chowki, Jaora. He brought some Namkeen (savoury) which both of them had taken. The accused left for a while saying that he would bring PAN but suspecting his intention, Chand Khan came out from room and proceeded towards Tal Naka but the constable followed him on a bicycle and again brought him to the quarter. The door was bolted from inside. He removed his to trousers and also that of Chand Khan and committed sodomy. After cleaning the anus with a piece of cloth, the accused was asked by him put on his trousers and lie down on the cot. In the meanwhile somebody knocked the door. The was a Chimni light. The accused threatening him not to come out from mosquito net. On opening the door, he saw that some Police Officer had come. Chand Khan was a helper mechanic in Mahi Dem, Banswara. He had come by Khandwa - Ajmer train at Jaora around 11 p.m. to visit his fatherTs sister, but he went to he house, he found her house locked so he returned to the Railway Station where he was lying on the bench of waiting room when the constable came there.

(3.) The Circle Inspector, Police received a telephonic message from one Prakash Chand Chhazed informing him that constable Rampal Singh was committing an unnatural act with a boy. On the basis of this information, which was recorded in the general-dairy at Sanha No. 709 and 710, the Circle Inspector, police reached the Police Station. The S.D.O. Police had also arrived at the Police Station by that time. A large number of people had gathered at the Police Station. Taking witnesses, he proceeded to the quarter of the accused. He knocked at the door, which was opened by the accused after five-seven munites. On being asked, if there was any else except him in the room the accused replied in the negative. A small Chimni light was there in the room. On removing the mosquito net, the boy was found lying. On being questioned, he narrated the above story. A Panchnama, search-memo, Ex. P-3, was prepared on the spot. The boy was immediately sent for medical examination who was examined by Dr. C.B. Mishra (P.,W. 1), whose medical examination report is, Ex. P-1. As per this report, whites stain of skin over sacral region were found in an area of 4 cm x 3 cm. His underwear was also found with soaked and dried patches.