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 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 bagger on the main through after of outside 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 bagger. A Police-Constable has again damaged, blackened and spoiled the image of Police Force of India. Committing the double crime first of loosing control by drinking liquor and then provoking upon sexual lusts becoming worst than cattle, the appellant caught hold of an insane lady, taking her inside the outpost and started fulfilling the sexual lust. Prabhu Dayal by this an inhumane barbaric act betrayed his name and became provide himself as a crual devil. Rameshwari the poor mad lady never knew as to what is going to happen. A few people around the outpost entered the Chowkei for catching Prabhu Dayal red handed and they wanted to take him to the Police Officer, but in between Prabhu Dayal escaped. The prosecution case is fully proved duly corroborated by the evidence of Laxmi Narain (Pw l ). Arjun Das (Pw2), Ramesh Chandra (Pw3), Lalchand (Pw5), and Harish Chandra (Pw6) and no infirmity has been shown in the judgment of the trial court. 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. 1. 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.
(3.) 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. 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. .;