Mahendra Prajapati vs State of U.P.

Vinod Prasad, J.—Heard Sri Prashant Vyas, learned Counsel for the Appellant and learned AGA in opposition.

Appellant, Mahendra Prajapati has been convicted and sentenced by Session''s Jhansi in Sessions Trial No. 87 of 2008, State of U.P. v. Mahendra Prajapati, Crime No. 1166 of 2007, under Sections 376 and 506 IPC, P.S. Sipri Bazar, District Jhansi and the maximum sentence awarded to him is of ten years R.I. with fine of Rs. 50,000/-.

The back ground facts, as are culled out from the impugned judgment recorded by the Sessions Judge, Jhansi are that on 5.11.2006, victim was going to the house of her friend Honey. In the way, Sunny, brother of Honey met her driving a Maruti Car. Sunny offered a lift to the victim for going to his house. Since Sunny was known to the victim, she agreed and boarded the car. Car was then driven by him to some unknown destination. Victim raised objection. Meanwhile, Mahendra Prajapati, present Appellant also boarded the said car. The car was get locked from inside, stereo was switched on full volume and thereafter, the car was driven to Orchha forest where the victim was forcibly stripped off her cloths by all the three miscreants, who all then committed rape upon her including present Appellant.

It is further alleged that while the chastity of the victim was being ravished by the accused persons with the help of a mobile phone, the sexual act was photographed as well and CD was also prepared. It is recorded by the Sessions Judge himself that "after quenching their sexual thirst, all the three accused dropped the victim to her residence."

Aforesaid allegations by the victim was supported by her in her statement u/s 161 Code of Criminal Procedure as well as was testified by her in court, as is mentioned in paragraph 19 of the impugned judgment. It is her case, which is unambiguous without any if and but that all the accused persons forcibly undressed her and first of all Siddharth @ Sunny thereafter Mahendra Prajapati, present Appellant and lastly Kapil raped her.

In view of above fact, what is unerringly clear is that all the accused persons were guilty of gang rape. It is very worrying and most surreal that Sessions Judge, Jhansi, while trying the Appellant, Mahendra Prajapati, who is one of rapist, did not charge him with 376(2)(g) of the Penal Code. It is perceptibly clear that while charging the accused, Sessions Judge, Jhansi did not apply his mind at all. He conducted the whole trial without any application of mind and without looking into the gravity of the offences and he did not charge the accused in consonance with law.

In view of the above peculiar facts and having an opinion that entire trial conducted by Sessions Judge, Jhansi is dehorse the law, I direct Sessions Judge, Jhansi to immediately transmit the record of the aforesaid Sessions Trial forthwith to this Court positively within a period two days from today.

Put up this appeal as an unlisted case on 22nd November 2010.

Office is directed to communicate this order to Sessions Judge, Jhansi for compliance.

Sessions Judge, Jhasni is mandated to comply with the order immediately.