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1980 Supreme(SC) 353

O.CHHINNAPPA REDDY, V.R.KRISHNA IYER
Rafiq – Appellant
Versus
State Of U. P. – Respondent


Judgment

KRISHNA IYER, J :- This Special Leave Petition relates to a conviction and sentence for an offence of rape. The escalation of such crimes has reached proportions to a degree that exposes the pretentions of the nations spiritual leadership and celluloid censorship, puts to shame our ancient cultural heritage and humane claims and betrays a vulgar masculine outrage on human rights of which womans personal dignity is a sacred component. We refuse special leave and briefly state a few reasons for doing so.

2. Draupadi, a middle-aged Bal Sewika in a village welfare organization, was sleeping in a girls school where she was allegedly raped by Rafiq the petitioner, and three others. The offence took place around 2.30 a. m. on August 22/23, 1971 and the next morning the victim related the incident to the Mukhiya Sewika of the village. A report was made to the Police Station on August 23, 1971 at mid-day. The investigation that followed resulted in a charge-sheet, a trial and, eventually, in a conviction based substantially on the testimony of the victim. Although some of the witnesses, tell-tale fashion, shifted their loyalties and betrayed the prosecution case. the trial court ente











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