Decided on May 04,1983



V.V.BEDARKAR - (1.) This petition is filed by the petitioners under Articles 226 & 227 of the Constitution of India for the enforcement of their fundamental rights under Article 21 of the Constitution of India.
(2.) The petitioners are involved in offences punishable under secs. 364 (this section is mentioned in the simple copy of the First Information Report produced at Annexure A but I am shown the original First Information Report wherein offence is shown to be under sec. 363 of the Indian Penal Code) 326 506 & 114 of the Indian Penal Code.
(3.) The allegations of the prosecution are that one boy named Mohamed Hanif aged about 15 years was serving at a canteen in Aradhana Talkies in Baroda. He originally belonged to Chhota Udepur and it is the allegation in the complaint that one year before he was staying in the station area. But it is not clear whether that station area was of Baroda or Chhota Udepur. At any rate he had come to Baroda due to the circumstances for serving. He served at the said canteen for one and a half years. One day one enuch Anopkunver went to him and told him that he would be given a very good service and so saying said enuch took the complainant to Akota where he was kept for three days. During this time the complainant was permitted to put on pant and bush-shirt. During this period one another enuch Kantakunver went to the complainant at Akota and told him that they will get a good service for him in the hotel. So saying the complainant was taken to the Akhada of Enuchs at Beranpura in Baroda. Thereafter he was taken in round about villages. At Beranpur the complainant was forcibly given a dress of a lady. He was not permitted to run away because there was strict vigilance. Then he was taken to Kalol by Kantakunver. At that time it is the allegation that the enuchs threatened him that if he would inform anybody he would be killed. Therefore due to this threat he did as they said. Then it is his case that at Kalol he was staying at one enuch Lilade Sitade. On the fourth night one woman named Hiraben was called. Said Lilade Sitade is accused No. 3 and Hiraben is accused No. 4. At about 3-00 a.m. one person named Shankerbhai (accused No. 5) emasculated his male organ. Therefore the complainant became unconscious and remained so for six days. Thereafter he remained at Kalol for one month and then he was brought to Beranpura at Baroda. Then he has narrated as to what was charged by Hiraben and also how much he collected from begging. Then he gave a complaint at Kareli Baug Police Station which was registered on 27-7-1982 at 19-30 hours It is also his case that his name was changed to Jyotikunver Anopkunver showing that he was find of accd. No. 1 Anopkunver.;

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