Prabhu Dayal Vs. State of Rajasthan - Court Judgment

Excerpt:
penal coda - section 376--rape--sentence--police constable committing rape on poor insane beggar woman--accused abused his office of police and deserves severe punished--no appeal by state--held, powers to enhance sentence not to be exercised suo moto.;as per the amendment made for such cases, the accused deserves minimum sentence of 10 years r.i. as he has not only violated the sanctity of police, misusing and abusing his office of police constable whose pious duty is to protect such poor ladies from the atrocities of other persons but he himself betrayed by not providing protection to the victims of atrocities and then too attempted rape and there again of a woman who was mad.;in view of the fact that there is no state appeal and the conviction was recorded in 1977, i would not resort to my powers of suo moto revision for enhancement.;appeal dismissed - - 2. a god cursed insane, poor lady, loitering' like the beggar on the main through fare of outside the s. hospital, jaipur was taken to the police outpost meant for providing protection to the victims, poor destitutes and yet the protector became a rapist by committing rape on poor beggar. committing the double crime first of losing control by drinking liquor and then provoking upon sexual lusts becoming worst than chattel, the appellant caught hold of an insane lady, taking her inside the outpost and started fulfilling the sexual lust. 4. rameshwari the poor mad lady never knew as to what is going to happen. as he has not only violated the sanctity of police, misusing and abusing his office of police constable whose pious duty is to protect such poor ladies from the atrocities of other persons but he himself betrayed by not providing protection to the victims of atrocities and then too attempted rape and there again of a woman who was mad.guman mal lodha, j.1. a police constable has again done it and reminded supreme court that though rightly expunged, justice mulla had some point of relevance in his classical observations against the indian police force. the police station has been reduced to, brothel for exploitation of even insane female beggar, which even mulla did not anticipate.2. 'a god cursed insane, poor lady, loitering' like the beggar on the main through fare of outside the s.m.s. hospital, jaipur was taken to the police outpost meant for providing protection to the victims, poor destitutes and yet the protector became a rapist by committing rape on poor beggar. a police constable has again damaged, blackened and spoiled the image of the police force of india. committing the double crime first of losing control by drinking liquor and then provoking upon sexual lusts becoming worst than chattel, the appellant caught hold of an insane lady, taking her inside the outpost and started fulfilling the sexual lust.3. prabhu dayal by this in humans barbaric act betrayed his name and became and proved himself as a cruel devil.4. rameshwari the poor mad lady never knew as to what is going to happen. a few people around the outpost entered the chowki for catching prabhu dayal red handed and they wanted to take him to the police officer, but in between prabhu dayal escaped.5. the prosecution case is fully proved duly corroborated by the evidence of laxmi narain (pw 1), arjun das (pw 2), ramesh chandra (pw 3), lal chand (pw 5), and harish chandra (pw 6) and no infirmity has bear shown in the judgment of the trial court.6. according to the present law of the land as per the amendment made for such cases, the accused deserves minimum sentence of 10 years r.i. as he has not only violated the sanctity of police, misusing and abusing his office of police constable whose pious duty is to protect such poor ladies from the atrocities of other persons but he himself betrayed by not providing protection to the victims of atrocities and then too attempted rape and there again of a woman who was mad.7. however, the state appeal has not been filed for an enhancement which should have been done, normally. in view of the fact that there is no state appeal and the conviction was recorded in 1977, i would not resort to my powers of suo moto revision for enhancement.8. consequently, the appeal is dismissed. the accused-appellant is on bail. he shall surrender to his bail bonds. the trial court is directed to get him arrested and send him to jail to undergo sentence awarded to him by the trial court and confirmed by this court.