CHUNI LAL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The two petitioners who are respectively Assistant Sub Inspector of Police and Langari posted at police post Pangana, Police Station Karsog, have approached this Court by virtue of present petition under Section 439, Code of Criminal Procedure for being released on bail.

(2.) Briefly stated, the prosecution story is this. On 31-12-1995 at about 4.00 P.M. the petitioner Chuni Lal who was posted as Incharge, police post Pangana had visited the house of the complainant Mast Ram in village Bakhohal. The complainant Mast Ram at that time was not present. His wife Smt. Kubja Devi of about 28 years of age was present. She was asked by the petitioner Chuni Lal that she and Banti Devi should give him a case under the Excise Act. He further required her and Smt. Banti Devi to visit the police post. On the same day, at about 8.00 P.M. the petitioner Khub Ram, a langari in the police post Pangana, went to the house of complainant Mast Ram and conveyed the message that Smt. Kubja Devi and Smt. Banti Devi should immediately report at the police post as desired by the petitioner Chuni Lal. He also called Smt. Banti Devi to the house of Smt. Kubja. Both the above named ladies were taken by him to the residence of petitioner Chuni Lal instead of taking them to the police post. The petitioner Chuni Lal who was not present, came there soonafter. The two petitioners took the two ladies to the kitchen where they were compelled to take liquor. The two petitioners also consumed liquor. They gave beatings to the two ladies. Thereafter, the petitioner Khub Ram took Smt. Kubja Devi while the petitioner Chuni Lal took Smt. Banti Devi to two separate rooms where they committed rape on them. During the course of rape, the bangles of Smt. Banti Devi were broken and her earring also fell down. Both the ladies sustained injuries. The complainant Mast Ram, on returning home and finding his wife absent, alongwith the husband of Smt. Banti Devi carried out a search for them. They were able to find the two ladies in the house of the petitioner Chuni Lal. Both the ladies were rescued and recovered. There was a great resentment amongst the members of public. The Superintendent of Police was telephonically informed and on his intervention a case under Section 376, read with Section 34 of the Indian Penal Code came to be registered.

(3.) During the course of investigation, bath the ladies were got medically examined. The Doctor found as many as five injuries on the person of Smt. Banti Devi. A dead spermatozoa was also detected in the vaginal swab. The Doctor opined that Smt. Banti Devi was subjected to sexual intercourse within the last 12 hours. In the case of Smt. Kubja Devi, her shirt and salwar were found torn at different places and there were blood stains on such clothes. The injuries were found on her thigh and the fingers of her hand. The police also took into possession blood stained scrappings from the house of petitioner Chuni Lal. The broken pieces of bangles along with one ear-ring of Smt. Banti Devi were also recovered from the house of petitioner Chuni Lal. All such articles, namely the broken pieces of bangles and ear-ring were identified by Amru, the husband of Smt. Banti Devi.