RAKESH KUMAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE Petitioner, Rakesh Kumar was employed as a Constable in the Border Security Force and was attached to the 46th Bn. which was stationed at Cooch Behar, West Bengal in June 2007. On 20th December 2007, the petitioner was deployed at the Border Outpost (BOP) at Nauhati, which was a platoon post, when at about 18:15 hours, along with Head Constable Y.N.Dwivedi the petitioner went outside the precincts of the camp without taking permission from any superior officer and proceeded to a village nearby where the petitioner got into a difficult situation with the civilians and was detained by them. Information reached the senior officers at the camp which was passed on to the Commandant Shri R.C.Sharma who proceeded to the village and rescued the petitioner who was confined in a house with agitated villagers around the house. As per the villagers the petitioner had trespassed into the house of one Affazuddin Mia and had outraged the modesty of his daughter-in-law Mst.Amina Biwi.

(2.) IT is apparent that the incident was serious and required a probe. The Commandant required the Deputy Commandant to prepare a record of evidence in relation to a charge framed against the petitioner as under:- Charge I WITHOUT ORDERS FROM HIS SUPERIOR OFFICER LEAVES HIS POST. BSF ACT 1968 In that he, U/S- 16(d) When deployed at BOP Nauhati on 20 Dec. 2007 at about 18:30 Hours left BOP Nauhati without orders from his superior officers and went in village Nauhati. COMMITTING A CIVIL OFFENCE THAT IS TO Charge II SAY USING CRIMINAL FORCE TO ANY WOMAN BSF ACT INTENDING TO OUTRAGE OR KNOWING IT TO 1968 LIKELY THAT HE WILL THEREBY OUTRAGE U/S- 46 HER MODESTY PUNISHABLE U/S 354 IPC In that he, At village Nauhati on 20 Dec. 2007 at about 18:45 hours used criminal force against Smt Amina Biwi (Age 25 years) w/o Sri. Fazal Mia to outrage her modesty. COMMITTING A CIVIL OFFENCE THAT IS TO Charge III SAY COMMITTING HOUSE TRESPASS BSF ACT PUNISHABLE U/S 448 IPC. 1968 U/S- 46 In that he, At village Nauhati on 20 Dec. 2007 at about 18:45 hours trespassed in the house of Sri. Affazuddin Mia father in law of Smt. Amina Biri w/o Sri Fazul Mia.

(3.) FOR facility of appreciation of the evidence we may record that the testimony of PW-1, PW-2, and DW-1 would be relevant for the First Charge; and that of PW-3, PW-4, PW-5, PW-6 and PW-7 is relevant for the Second Charge; and that of PW-3, PW-4, PW-5 and DW-1 is relevant for the Third Charge. Thus, we note their testimony in brief.