AMAN KUMAR Vs. STATE

JUDGEMENT

(1.) In the month of April, 1985, Constable Aman Kumarand his two colleagues, Satbir Singh and 0m Parkash were posted at policepost Hari Nagar under the jurisdiction of Police Station Tilak Nagar, Delhi.Aman Kumar is alleged to have committed rape on the person of KumariJhunu Majumdar, without her consent and against her will while she was inpolice custody during the intervening night of 2nd and 3/04/1985. SatbirSingh and 0m Parkash are accused of abetting the commission of rape. AmanKumar was charged to stand trial for the offence punishable under Section 376(Proviso-A) Indian Penal Code while against the remaining two charge under Section 109 IPCwas framed.

(2.) The accused denied their involvement. The defence is that at theinstance of Dr. Aparna Sarin, the so-called social worker of the area they havebeen falsely implicated. In fact she had a personal grudge against the officersposted at police post, Hari Nagar, as they refused to oblige her in doing wrongacts on several occasions. They even denied their presence at the relevanttime and place of the occurrence.

(3.) The prosecution in support of their case examined as many as 21witnesses while the accused recalled and produced Dr. J. Chatterji to deposeabout the bony age of the prosecutrix. Besides that, the statement of SunitaGupta, M.M. was recorded on the basis of the judicial file of the case FIR456/85 under Sections 363/366/376 IPC, in which she had recorded the statementof the prosecutrix u/s 164. Cr. P.C.