Guman Mal Lodha, J.
1. Triple rape of a 'deaf & dumb' yet demand for anticipatory bail is the pivot of this order.
2. A 'dumb and deaf', God cursed woman of 35 to 40 years of age, wife of a poor 'Rikshawala. is the victim of rape by three persons at 10 P.M. in the Ram Nivas Bagh of Jaipur. The accused claims to be a student and young boy of 19 years of age. The prayer is for extra ordinary indulgence of bail before jail'.
3. The proecution case is that in the night of 9th May, 1981, Laxmi, a 'deaf and dumb', woman wife of Arjun was coming back to her house after attending a marriage at Brahampuri at about 11.00 p.m. in the right. Ram Dhan Meena and one Sardar and one more person forcibly compelled her to get down from the Rickshaw and after taking her in some dark place, all the three accused forcibly committed sexual intercourse with her. The prosecutrix narrated the story to the husband in the night at about 1.00, when he came in the house. Arjun went to the police station along with Laxmi and produced the clothes having semen before the police and lodged the report. Laxmi was examined as she was deaf and dumb, she narrated the story with signs.
4. All the accused remained absconding and could not be arrested. Accused Ramdhan Meena applied for bail under Section 438 Cr. P.C, before Sessions Court and the application was dismissed. He then applied for bail under Section 438 Cr. P.C., before this Court. On May 25, 1981 this Court directed that he should not be arrested from May 26, 1981 till June 28, 1981 for appearing in the examination of Second Year T.D.C., (Arts) commencing from 29th May 1981 and ending by 28th June, 1981.
5. Mr. Surana, learned counsel for the accused petitioner has argued that the entire case is concocted and the accused who is a neighbor has been falsely implicated because of enmity between husband Arjun and him. It was also alleged that the wife of Arjun is of bad character. The learned Public Prosecutor has vehemently opposed the bail application. Mr. Surana invited my attention to my own judgment in Abdul Majid v. The State of Rajasthan 1981 R.L.W. 136, in which the anticipatory bail application was allowed, in view of the extra ordinary circumstances of the case.
6. The investigation is pending and all the accused are avoiding arrest so far. It is not intelligible that why a deaf and dumb woman should implicate three persons in a heinous crime of rape.
7. The fact is that allegation against three accused persons about committing sexual intercourse with a 'dumb and deaf woman in the night in Ram Niwas Bagh, prima facie smashes the defence theory that the accused Ramdhan Meena has been implicated on account of enmity.
8. Abdul Majid's case relied upon by the learned counsel, cannot assist in the decision of this bail application. The circumstances as per prosecution allegation were unusual and puzzling in as much as two brothers of husband of prosecutrix observed the offence and yet allowed rapist to go scat free without effort to apprehend him. Further they, left their brothers' wife to her fate, and did not take her to house, field or Police, even after witnessing rape.
9. The present case is also unusual but the other way as accused are alleged to have acted as sex hungry vultures by there successive rapes on a physically handicapped deaf and dumb woman in the dark night. Poverty of husband a rickshawala, and physically handicap of victim, should not have been exploited by the accused for satisfying their lust and orgy of sex hunger of three. Thus if prosecution case is prima facie taken to be true, this accused does not deserve bail at all much less 'bail before jail' at this stage.
10. I have always deprecated such serious sex offences and held that such accused deserves no sympathy or indulgence of bail. In Jagdish v. State of Rajasthan 1979 Cr LR (Raj) 528, I have observed as under;
13. The glaring feature of the case is that the unfortunate victim is child a kid, and the two boys who committed rape on her were seemingly sex mad. Can it be said that a boy committing such heinous crime in company of other boy was not knowing the serious consequences and result of the sex madness It cannot be ignored that the offence is not an offence of theft or hurt, but a sex offence which is by two boys on a kid of 8 years. The orgy of sex, where a man becomes worst than beast and forgets even the norms of the birds and animals, also is a matter of serious concern for all and the courts of law cannot shut their eyes 10 the repercussion and consequence, in society if liberal attitude is taken by the court in such matter, even if the age of Ratiram is 12 years. It is obvious that he was committing this offence of rape consciously to satisfy sexual lust and the fact that he was doing it with one more boy makes it worst. It would be a serious mistake for the court to assume such a case that the boy was not knowing the consequence of his act, as suggested by Mr. Tibriwal.
14. I have observed in Chiman v. State S.B. Cr. Misc. Bail Application No. 596 of 1978 as follows:
The most aggravating circumstance in this case is that four accused persons are alleged to have indulged in sexual intercourse one after the other and it is impossible to believer at this stage that a girl can be a willing party to such brutal and inhumane act of accused to satisfy carnal lust. It is a case in which if found to be true, the accused acted worst than the beast and subject to the investigation and the trial of the case, which would be conducted unaffected by these observations of mine, the least which can be said is that such barbarian inhumane beastly conduct of the accused persons disentitle them to the grant of bail, which in such cases is otherwise also prohibited by law as offence of rape is punishable with imprisonment for life.
The prayer of compassion was also rejected by me observing as under:
Mr. Kotwani's prayer that the boy is 17 years of age and his submission for compassion on that ground is equally untenable. I have been unable to persuade myself to grant bail to the accused on this ground also because the lust for carnal satisfaction by acting in such inhumane barbaric manner cannot be allowed by putting premium on it by releasing the accused on bail at this stage of investigation'.
The present story as per its narration in F.I.R. amply proves how a man can act worst than a beast Justice lyer, in his inaugural address to the Conference on 'Criminology' and held at Jaipur on 2-9-1978 quoted Bernardshaw to have said once 'Birds have got seasons'. The accused acted in worst manner than animal and the carnal lust and orgy of sex made them mad.
11. A helpless deaf and dumb woman being the victim of the alleged rape, it is all the more necessary that investigation should be allowed to proceed and without extra ordinary indulgence of bail before jail to the accused. Sex offences of such serious type when the victim is either a minor or a handicapped, God cursed deaf and dumb woman, are serious slur and stigma on the present society. The fact that the boy who is a student is alleged to have committed it aggravates the offence its severeness or seriousness. The offence is more aggravated on account of allegation of three adult persons committing sexual intercourse with this handicapped deaf and dumb woman in the night at the same time. I am not inclined to grant the extra ordinary indulgence of bail before jail to such an accused at the stage.
12. The bail application under Section 438 Cr.P.C. is therefore, rejected.