GYARSA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Both these applications relate to Criminal case No. 399/92 registered at Police Station, Bassi in which a charge sheet has been filed against the accused petitioners for the offences under Sections 147, 149, 376, 354 and 32?, IPC. Bail application No. 5475/93 has been filed by the accused Gyarsa, under S. 439, Cr. PC after his arrest while in bail application No. 4827/93 accused are seeking pre-arrest bail under S. 438 Cr. PC.

(2.) The victim in this case is Smt. Bhonri Devi, who was working as Gram Sathin in village Bbateri. A gang rape was committed on her in the evening at about 6 p.m. on 22.9.1992 by the accused petitioner Gyarsa and Badri while other accused persons assisted in the commission of the offence. The accused petitioners also assaulted Mohan, husband of Smt. Bhonri Devi.

(3.) Gram Sathins worked under District Women Development Board Jaipur and they are paid stipend per month by the Board for working in the villages for upliftment and development of rural women folk. They create awareness in the village women and also educate them for health girls education etc. It is also their work to see that awareness is created amongst the people to restrain from child martiap, On the fateful evening the victim Smt. Bhonri Devi and her husband Mohan Lal were working in their field. Mohan Lal went to another field to ease himself where the accused persons were grazing their cattle. They assaulted Mohan Lal with lathes and Smt. Bhonri Der i rushed to rescue her husband after hearing his cries. When she went there, she was caught by the accused persons and was raped one after another by accused Gyarsa Gujar and Badri Gujar respectively. Accused Ramsukh snatched her 'Batta' and jantar' and thereafter all the accused ran away from the place of occurrence. A report of the incident was lodged by Smt. Bhonri Devi on D-9.1992 at Police Station Bassi where Crime No 399/92 was registered under Sections 147, 323, 37c and 379 IPC. The local police made the investigation of the case but it appears that there were serious complaints against the local police for not making proper investigation and ultimately the case was transferred to Central Bureau of Investigation (for short 'CBI'). On the intervention of some social organisations. Alter thorough investigation a charge sheet has now been filed on 27-9-1993 against all the petitioners under Sections 147, 149. 376, 354 and 323 Penal Code Tile petitioner Gyarsa was arrested on Nov. 4, 1993 while other accused persons are absconding.