CHANDRA PAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS revision has been preferred against the judgment passed by Additional District Judge / Special Judge (E.C. Act), Budaun dated 28.10.1988 passed in criminal appeal no. 98 of 1987, dismissing the appeal and maintaining the conviction of the applicants under Sections 377/109 I.P.C and sentencing Chandra Pal to six months R.I. with the fine of Rs. 500/ - with defaulting clause and accused Chandra Ketu to two years R.I. with the fine of Rs. 1000/ - with defaulting clause confirming the judgment and order of Munsif Magistrate, Budaun dated 22.06.1987.

(2.) ACCORDING to the prosecution case Rajendra is son of Piare Lal Yadav who are residents of village Negla Chatur Bhanpur, Police Station Dhanari. Rajendra Singh was student of Rastiya Sewa Sadan Inter College, Bhakrauli, District Budaun in the session 1983 -84 and was studying in class 8th. Madan Pal was also resident of the same village and was student of class 7th in the same institution. Chandra Prakash Singh was the Principal of the aforesaid college at that time on 15.09.1983, Rajendra was attending the class of mathematics and at that time the fourth period was running. Accused Chandra Pal got Rajendra called from his class through Madan Pal who conveyed message of Chandra Pal to Rajendra. After some time Rajendra went to the college field where Chandra Pal student of class 11th, Kunwar Pal also student of class 11th and Danvir student of class 12th of the same institution and one Chandra Ketu were found sitting and waiting for Rajendra. Rajendra asked why he was called by Chandra Ketu. Danvir on behalf of the other associates told Rajendra that he should accompany these people to Babrala. Rajendra refused to go with them. After some conversation all the people, took Rajendra to Dharam Shala on the pretext that they would have some conversation there. Rajendra being unaware of the intention of his college friends and Chandra Ketu went with them to Dharm Shala. He was brought to a Kothari in the Dharamshala where accused Rajendra Singh was running clinic. It was about 01:00 P.M., Chandra Ketu deputed accused Rajendra Singh outside the Kothari to watch the people. Accused Rajendra Singh went outside the Kothari to watch the people, accused Kunwar Pal, Danvir threatened Rajendra for not raising any alarm. Both of them closed the doors of the Kothari and said that they were peeping outside so that no one may come there. Chandra Ketu took out a knife and threaten Rajendra and asked him not to raise any alarm and also asked him to put off his trouser but Rajendra resisted to this and Chandra Pal showed him a knife and threatened to kill him. Immediately Chandra Ketu threw Rajendra on the cot. Chandra Pal caught hold of both of his hands. Chandra Ketu committed sodomy with Rajendra. Thereafter Chandra Pal also showed his desire to commit the same with Rajendra but the latter having traumatic experience showed his inability to oblige any one further and in order to escape from disaster, inhuman conduct and unnatural act promised to oblige them some other day and got himself released from the clutches of accused persons. He went to his house but out of shame did not disclose about the occurrence to his parents. Next day, he complained about the whole incident to the Principal of the college who called the father of Rajendra and sent both of them to the police station. The matter was registered by the police and investigation was started. On completion of the investigation, charge sheet was submitted against the accused persons. Charges were framed against the accused Chandra Pal and Chandra Ketu.

(3.) THE prosecution examined Rajendra Singh as PW -1, Madan Pal as PW -2, Piare Lal as PW -3, Sri Chandra Prakash Singh as PW -4 and Dr. S.C. Naugaria as PW -5.