1994 Supreme(Raj) 661
RAJASTHAN HIGH COURT AT JAIPUR BENCH
N.L.Tibrewal, J.
Purshottam Alias Babli & Ors. - Appellants
Versus
State of Rajasthan - Respondent
S. B. Cri Misc. Bail Application No. 5834 of 1993, 57, 5444, 49, 20 of 1994.
Decided On : 3-03-1994
Advocates:
For the Petitioner:Mr. Rajesh Kapoor, Mr. A. K. Gupta, Mr. Alok Sharma, Mr. Biri Singh and Mr. Sanjay Mahla, Advocate.
For the State: Mr. S.R. Yadav, Public Prosecutor.
The main legal point established is the gravity of the offences, the need for a speedy trial, and the influence and actions of the accused in determining bail applications.
Headnote:
Sex Scandal Case - Bail Applications - Indian Penal Code 376(2)(g), 292/292-A, 120-B - The court discussed the heinous nature of the scandal, the failure of the police to act promptly, the meticulous trapping of innocent girls, and the destruction of evidence. The court emphasized the gravity of the offences, the influence and actions of the accused, and the need for a speedy trial. Bail was granted to one petitioner and refused to others.
Fact of the Case:
The case involved a 'Sex Scandal Case' in Ajmer where school/college going girls and women were subjected to sexual exploitation, blackmail, and humiliation by a gang of persons. The local police initially failed to act promptly, allowing the destruction of evidence.
Finding of the Court:
The court found that the accused meticulously trapped innocent girls, forced them into sexual activities, and used their objectionable photographs for blackmailing or exploitation. It emphasized the gravity of the offences and the mental torture and social humiliation suffered by the victims.
Issues: The issues included the failure of the police to act promptly, the involvement of the accused in the scandal, the influence and actions of the accused, and the right to a speedy trial.
Ratio Decidendi: The court emphasized the gravity of the offences, the need for a speedy trial, and the influence and actions of the accused in refusing bail to most petitioners. It considered the totality of circumstances in granting bail to one petitioner.
Final Decision: Bail was granted to one petitioner, Purshottam alias Babli, and refused to others. The court also gave directions for an expedited trial.
JUDGMENT
1. - All these bail applications relate to the so-called 'Sex Scandal Case' of Ajmer and arise out of the same First Information Report, as such, they may be conveniently disposed of by a common order.
2. At the out-set, I may say that the facts are startling, more I went in depth of the facts, more I was shocked to know as to how the unmarried school/college going girls and other women belonging to well to do families have been subjected to sexual exploitation, black mailing and humiliation by a gang of persons by all sort of means and influences. Some of the victims were receiving education in the institutions like Sophia Girls School and Savitri College, Ajmer. The modus operendi of the exploiters had been to trap innocent girls under false allurements and friendship, then they were sexually forced under terror or even by use of force and their obscene snaps were taken to blackmail them in future. Some girls were blackmailed to the extent of bringing other girls for the exploiters. The magnitude of the scandal can be visualised by the fact that it had rocked the whole State of Rajasthan and its impact was felt all over the country.
3. Another distressing aspect of the case is that at the initial stage, the local police failed to perform its duties. For six months or so, no action was taken by it, inspite of the fact that news items were published in the various local and State level newspapers wherein the sex scandal and blackmailing of innocent girls at Ajmer was high-lighted. In some papers, photographs were also published. Various voluntary organisations also raised the voice to take action against the miscreants. The city of Ajmer observed 'HARTAL, on 18.5.1992 on a call given by various organisations. Some organisations also organised 'Dharna' to put pressure on the local police and also threatened to start agitation. At this late state the police came in motion, perhaps apprehending public agitation, if it further remained inactive. Had the police been vigilant and timely effective steps were taken by it, the miscreants would not have succeeded in destroying and burning material evidence, i.e. obscene photos, video cassettes, tapes etc. which would have provided much assistance to unearth the entire episode to its last drop.
4. Be that as it may, the first step to unearth the scandal was taken on May 31, 1992 when the Superintendent of Police, Ajmer, deputed Shri Hari Prasad Sharma, Deputy Superintendent of Police to make a confidential inquiry on some nude photos of ladies, their sexual exploitation and blackmailing. Mr. Sharma, after inquiry, traced out the persons, who were in the photographs with nude ladies and his inquiry further revealed that girls and ladies were sexually involved by use of force, under terror or deceit and their objectionable snaps were taken to blackmail them. It also revealed that the photographs were developed and printed at 'Ajmer Colour Lab' which is owned by the petitioner Harish Tolani. Mr. Sharma made a report in this connection, on which Crime No. 117/92 was registered at Police Station Ganj, at Ajmer.
5. Even after registration of the case, the investigation was not carried out with promptitude and secrecy. Immediate search of the premises of Ajmer Colour Lab was not made, houses of the miscreants were also not searched immediately, with the result that most of the documentary evidence was allowed to be destroyed by the offenders. There is material on record that the photographs and other materials a were burnt and destroyed. While deciding the bail application of the co-accused Mahesh Ludhiani, brother Justice V. S. Dave rightly observed that the investigation was not done with proper care at initial stages and many blurred areas were left out. Subsequent investigation was in right direction and, ultimately, a chargesheet came to be filed on 4.9.1992 against the petitioners and co-accused Parvesh Ansari, Mahesh Ludhiani and Farooq Chishti under various offences including 376(2
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