BHUSHAN SINGH Vs. UOI

JUDGEMENT

(1.) SHORN of unnecessary details, the facts leading to filing of the present petition are that the petitioners, employed as Constables with Border Security Force and attached to 55 Bn. were on duty at Bengal Border and deployed at BOP Ramnagar on 20.10.1992.

(2.) ON 22.10.1992 Joy Dev Sarkar lodged a complaint with Coy Commander of 55 Bn. BSF and PS Hanskhali that his sister (hereinafter referred to as the prosecutrix), who is deaf and dumb, was raped by B.S.F. jawans on 20.10.1992 at about 09.30 P.M.

(3.) AFTER sometime the COI reopened its proceedings and conducted the identification parade of the petitioners where the prosecutrix was not able to correctly identify them as recorded in the additional statement of prosecutrix recorded by COI and the additional findings and opinion dated 27.03.1993 of the COI.