The parents of Shamimbanu were residing as tenants
in a part of the building belonging to the father of Mohmad Shafi while the
remaining portion was occupied by the owner's family. Mohmad Shafi aged about 25 years fell in love
with Shamimbanu aged about 19 years. The parents of both knew about their love
affair, for some reason or the other, they were not married. Both of them left
Nagpur and went to Bombay where they contracted a marriage through a Kazi
and returned to Nagpur by train on 20th August, 198 1. They got down at Anjani
Railway Station (a suburb of Nagpur) and went to a nearby Gurudeo Lodge and
occupied Room No. 204. That night on the, Police Sub Inspector Qureishi checked
the hotel and learnt that the couple was living in the said room in the assumed
names of Mohmad Shabbir and Sultana. On being questioned Mohmad Shafi gave out the true facts and
showed the Nikahnama. Police Sub-Inspector Qureishi did not deem it necessary
to take any steps against the couple.On the next night accused went to the
hotel room No. 204 occupied by the couple at the odd time of about 2.30 a.m.
and knocked on the door. He was accompanied by Constable Chandrab- han. When
Mohmad Shafi opened the door the respondent questioned him on seeing Shamimbanu
with him. Mohmad Shafi told him that she was his wife and gave their correct
names. Notwithstanding their replies the respondent insisted that they
accompany him to the police station. Requested
the respondent to sign his visit book since he had inspected a few rooms of his
Lodge including Room No. 204 but the respondent told him that he would do it
later. So saying he left the Lodge with the couple.
On
reaching the police station the respondent separated the couple. He took
Shamimbanu to the first floor of the police station while her husband Mohmad
Shafi was taken to another room by Constable
Chandrab- han. Shamimbanu alleges that after she was taken to the first
floor, the respondent flirted with her, slapped her when she refused to respond
to his flirtation and demanded that she spend the night with him. The respond-
ent also demanded that she should give her age as 15 years so that Mohmad Shafi
could be booked. On her refusing and protesting against his behaviour he
threatened her with dire consequences.In the other room Mohmad Shafi was
subjected to beating by Constable Chandrab- han.
After sometime both the boy and the girl were brought down to the main hall of
the police station. Thereafter he sent Mohmad Shafi with a constable to fetch
the girl's father. The girl's parents arrived at the police station shortly.
The respondent asked the girl's parents if they were prepared to take back
the girl who claimed to have married Mohmad Shafi. The girl's parents showed
annoyance and left the police station refusing to take her with them. Mohmad
Shafi's parents also adopted the same attitude.
The respondent then recorded an offence under Section 110 read with 117 of the Bombay Police Act against Mohmad Shafi on the allegation that he was found misbehaving on a public street uttering filthy abuses in front of Gujarat Lodge near Gurudeo Lodge. After putting Mohmad Shaft in the lock-up he sent the girl Shamimbanu to Anand Mahal Hotel with Constable Chandrab- han. The Hotel Manager refused to give a room to an unescorted girl but Constable Chandrab- han told him that he had brought her on the directive of the respondent. Thereupon he allotted Room No. 36 to her. He made an entry in the hotel register to the effect 'Shamimbanu wife of Mohmad Shaft ..... as per instructions of Police Sub-Inspector Shri Jain ...... ' vide. Afterleaving the girl in Room No. 36, Constable Chandrab- han left the hotel. The girl was allotted the room, as per the usual practice, the hotel boy changed the bed-sheets, pillow covers and quilt cover. The rent was charged from the girl. Having thus separated the couple and finding the girl thoroughly helpless, the respondent visited the girl's room and knocked on the door. The unsuspecting Shamimbanu opened the door. The respondent entered the room and shut the door behind him. Thereafter he asked the girl to undress but on the girl refusing he forcibly removed her 'kurta' and threw it away. He gagged the girl's mouth and threatened her with dire consequences if she did not submit. He then threw the girl on the cot, forcibly removed her 'salwar' and denuded her. He then had sexual intercourse with her, notwithstand- ing her protestations. After satisfying his lust, the re- spondent left threatening that he would bury both of them alive if she complained to anyone. He told her that he would now arrange to send back her husband.Not fully satisfied the respondent returned to the hotel room after about half an hour and knocked on the door. Shamimbanu opened the door thinking that her husband had returned. When she saw the respondent she tried to shut the door but the respondent forced his way into the room and shut the door from within. He once again had sexual inter- course with her against her will. He repeated his threat before leaving.
The High Court of Bombay (Maharashtra) Judgment was Chandraprakash
Kewalchand Jain, a Sub-Inspector of Police, under Section 376, I.P.C. for having committed rape on Shamimbanu, a girl aged about
19 or 20 years on 22nd August, 1981. And sentenced to suffer rigorous
imprisonment for 5 years and to pay a fine of Rs.1,000, in default to suffer
rigorous imprisonment for 6 months. He was acquitted of the charge under Section 342, I.P.C.
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