SUMER SINGH Vs. UNION OF INDIA

JUDGEMENT

(1.) ON March 13, 1998 the 22nd Bn. BSF was deployed at Ganpathyar, Srinagar (J&K) and at about 23:00 hours a lady Sheelaji Bhat, residing in a flat on the 3rd floor of a building which was at a stone throw distance from the barracks where the jawans of 22nd Bn. were stationed, raised a hue and cry that a male force personnel had intruded in her flat. This attracted persons in the neighbourhood to rush to the flat. The intruder fled. It was found that somebody had tampered with the distribution box from where electricity was distributed to the various flats in a manner that Sheelaji Bhat's flat was rendered without supply of electricity. Somebody rushed up to the BSF camp. The 2-IC of the battalion learnt about the incident and since passion in the locality had been roused, and a force personnel of BSF was the culprit, he correctly took the decision to direct all force personnel to fall in line so that Sheelaji Bhat could conduct a test identification. He ordered so. Information was received by the Commandant of the battalion and thus even he, rightly so, rushed to the camp and reached when the troops were lining up. Sheelaji Bhat identified appellant Sumer Singh as the culprit. Sumer Singh was found drunk.

(2.) TAKING cognizance of the cognizance report which was later on prepared and after hearing Sumer Singh the Commandant directed record of evidence to be prepared and before that listed out the charges against Sumer Singh; being three in number : (i) At 23:00 hours on March 13, 1998 committing offence of lurking house trespass in the house of Sheelaji Bhat daughter of late Jai Lal Bhat; (ii) Using force with intent to outrage the modesty of Sheelaji Bhat, and lastly (iii) of being found to be in a state of intoxication. The 2-IC of the battalion was appointed as the officer to record the evidence and he proceeded to do so. 13 witnesses, out of whom 3 were civilians; 2 neighbours of Sheelaji Bhat and one the lady herself were examined. 10 witnesses were jawans of B.S.F. As regards Sheelaji Bhat she deposed as per the indictment and reiterated having identified appellant as the culprit at the test identification parade. The other two civilian witnesses deposed of having responded to the summons for rescue shouted by Sheelaji Bhat and having detected electricity supply to Sheelaji Bhat's flat being disconnected and they having informed the BSF personnel. 10 force personnel examined as witnesses inter-alia deposed to the test identification parade conducted at which Sheelaji Bhat identified the writ petitioner as the offender and that on the night in question the petitioner was in his barrack and after having consumed alcohol had left the barrack for a short duration stating that he was going out as he was feeling vomity.

(3.) AT the Summary Security Force Court trial 11 out of the 13 persons who were examined during record of evidence were examined and needless to state PW-1 was Sheelaji Bhat deposed as per the indictment. She deposed that after petitioner entered her flat he caught her by the hair and tried to drag her. She could recognize him. She managed to free herself and managed to reach the window so that she could shout for help, at which petitioner caught her by the neck and muffled her voice. She managed to free herself and the petitioner escaped. She shouted for help and as rescue came she narrated the incident. Electric wiring to her house was found tampered and at the test identification parade she identified the petitioner as the offender.