The accused
who just then graduated from the Medical College was staying with the family
consisting of his parents, his brothers, his sister-in-law Smt. Tara Dubey and
niece Richa Dubey, who is the daughter of the accused's step-brother Niraj
Dubey, in Adarsh Nagar, Jabalpur. His father Bhagwan Dass Dubey was a retired
Professor and his sister-in-law Tara Dubey was a lecturer. His elder brother at
the relevant time of this occurrence was working as Superintendent of Police in
Rajgarh District. Opposite to his house at some distance Satish Bhasin and
Sapna Bhasin were residing with their minor daughter Priti. Within the same
locality 3 or 4 houses away from the house of the accused, the appellant Madan
Gopal Kakad was living with his wife, a German lady, by name, Elesabeth Kakad
his sister Veera and his minor daughter Tulna Sheri a girl aged about 8 years
and his younger son Pulkit. The family members of the accused and Madan Gopal
Kakad were on cordial relationship making frequent visits to the houses of each
other.
Tulna
Sheri the unfortunate victim in this case was studying in the third standard in
St. Joseph Convent along with her class-mate Richa Dubey. Tulna used to come
frequently to the house of the accused to play with Richa Dubey and her other
girl friends. Tarun Lata Joshi was living with her father who was a tenant in
the house of Madan Gopal Kakad.The accused who had a crush on young girls used
to develop friendship with the girls who used to come to his house to play with
his niece Richa Dubey by narrating interesting stories from comic books. On the
day of this deplorable incident, Richa Dubey called Tulna.
Tulna
wearing underwear and jeans accompanied by her younger brother Pulkit went to
the house of Richa, but found none except the accused. The accused found fault
with Tulna for having come there in jeans accompanied by her brother. When the
two girls, namely, Tulna and Richa started playing in the drawing room, the accused
whispered something in the ears of Richa, who then told Tulna that she had been
asked by her uncle (the accused) to take Pulkit outside and narrate him some
stories and that the accused would `make love', presumably meaning that he
would tell some lurid tales of sex to her thereby stimulating immoral thoughts
so that Tulna might fall a prey to his lewd and lascivious behaviour. As soon
as Richa went outside taking Pulkit, the accused bolted the door from
inside, completely stripped off himself; removed the jeans and underwear of
Tulna and made her naked and asked Tulna to do fellatio, that is to suck his
penis. Thereafter the accused cuddled and pined Tulna close to him, and
slightly inserted his penis into her vulva and started sucking her lips. Within
a few seconds, he ejaculated and freed the girl from his clutches and
thereafter put on his pyjamas and asked Tulna to wear her jeans. Again the accused
longing for his lascivious passion, laid down Tulna on a sofa in his drawing
room and remained lying on her and closed her mouth so that the girl could not
scream. A little later after wetting his sexual appetite he got up; opened the
door allowed the girl to go out. While the girl was leaving the drawing hall,
the accused threatened her not to disclose his affair to anyone, otherwise his
elder brother who is a high ranking police office would mercilessly beat her
parents. Tulna came out of the room and told Richa as to what all happened inside
the room.
The
decision of the Court gravity of this repugnant crime of rape perpetrated on
Tulna Sheri who was then 8 years old on the date of the offence in 1982, while
convicting the accused under Section 376 IPC sentence him to undergo rigorous imprisonment for a period of
seven years and to pay a fine of Rs. 25,000 in default to suffer rigorous
imprisonment for 1-1/2 years.
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