- (1.) TRIPLE rape of a "deaf and dumb" and yet demand for anticipatory bail; is the pivot of this order.
(2.) A 'dumb and Deaf, God cursed woman of 35 to 40 years of age, wife of a poor Rikshawala, is the victim of rape by three persons at 11 p. m. in the Ram Niwas Bagh of Jaipur. The accused claims to be a student and young boy of 19 years of age. The prayer is for extra ordinary indulgence of 'bail before jail'. The prosecution case is that in the night of 9-5-1981, Laxmi, a 'deaf and dumb', woman, wife of Arjun was coming back to her house after attending a marriage at Brahampuri at about 11. 00 p. m. in the night. Ramdhan Meena and one Sardar and one more person forcibly compelled her to get down from the Rikshaw and after taking her in some dark place, all the three accused forcibly committed sexual intercourse with her. The prosecutrix narrated the story to the husband in the night at about 1. 00, when he came in the house. Arjun went to the police station along with Laxmi and produced the clothes having semen before the police and lodged the report. Laxmi was examined as she was deaf and dumb, she narrated the story with signs. All the accused remained absconding and could not be arrested. Accused Ramdhan Meena applied for bail under section 438 Cr. P. C. , before Sessions Court and the application was dismissed. He then applied for bail under section 438 Cr. P. C. , before this Court. On May 25, 1981 this Court directed that he should not be arrested from May 26, 1981 till June 28, 1981 for appearing in the examination of Second Year T. D. C, ( Arts ) commencing from 29th May, 1981 and ending by 28th June, 1981. Mr. Surana, learned counsel for the accused petitioner has argued that the entire case is concocted and the accused who is a neighbour has been falsely implicated because of enmity between husband Arjun and him. It was also alleged that the wife of Arjun is of bad character. The learned Public Prosecutor has vehemently opposed the bail application. Mr. Surana invited my attention to my own judgment in Abdul Majid vs. The State of Rajasthan (1), in which the anticipatory bail application was allowed, in view of the extra ordinary circumstances of the case. The investigation is pending and all the three accused are avoiding arrest so far. It is not intelligible that why a deaf and dumb woman should implicate three persons in a heinous crime of rape.
(3.) THE fact is that allegation against three accused persons about committing sexual intercourse with a 'dumb and deaf' woman in the night in Ram Niwas Bagh, prima facie smashes the defence theory that the accused Ram-dhan Meena has been implicated on account of enmity. Abdul Majid's case relied upon by the learned counsel, cannot assist in the decision of this bail application. The circumstances as per prosecution allegation were unusual and puzzling inasmuch as two brothers of husband of prosecutrix observed the offence and yet allowed rapist to go scot free without effort to apprehend him. Further, they left their brothers' wife to her fate, and did not take her to house, field or Police, even after witnessing rape. The present case is also unusual but the other way as accused are alleged to have acted as sex hungry vultures by three successive rapes on a physically handicapped deaf and dumb woman in the dark night. Poverty of husband, a Rickshawala, and physically handicap of victim, should not have been exploited by the accused for satisfying their lust and ogery of sex hunger of three. Thus if prosecution case is prima facie taken to be true, this accused does not deserve bail at all much less 'bail before jail' at this stage. ;