BIMLA DEVI Vs. ISHWAR SINGH

JUDGEMENT

(1.) On May 27, 1993 Bimla Devi filed a complaint against Ishwar Singh the then Station House Officer, Police Station Jahangir Puri and some other police officials of that Police Station. The complainant alleged commission of offences under Sections 343, 354, 357, 376, 506, 120B of the Indian Penal Code. Section 34, of the Code was also invoked. The learned trial Magistrate, after recording the statement of the complainant and her other witnesses, summoned all the accused persons excepting are R.C.Sharma. It was observed that as far as the Station House Officer Ishwar Singh was concerned a prima facie case was made out against him under Sections 330/348/354 read with Sections 114/506 besides Section 376 of the Indian Penal Code. The case, it appears, was subsequently committed to the Court of Sessions. The learned Additional Sessions Judge to whom the case was assigned, heard arguments on charge and holding that there was no "incriminating evidence" against the Station House Officer Ishwar Singh and that the complainant had not "Specifically narrated any incident in the complaint involving Ishwar Singh in assaulting her or outraging her modesty or in her wrongful confinement...." discharged him.

(2.) Let is first have a look at the complaint filed by Bimla Devi, the present petitioner. It alleges that on February 9, 1993 at about 11 a.m. Sub Inspector Inderpal alongwith one Constable Ramesh came to her parental house, took away her brother Ashok Kumar after hurling abuses at her "in most filthy language". This, however, was just the beginning of her long ordeal. She claims that when on the same day she went to the Police Station alongwith Rekha, her sister-in-law (the wife of Ashok Kumar) in serve meals to him, though her sister-in-law was forcibly turned out, she herself was caught hold of from her hair by Inder Pal, Ramesh and P.C.Sharma and was kept illegally confined in the Police Station from February 9, 1993 to February 11, 1993. Allegedly during this period the "accused persons" beat her, snatched her hair, subjected her to assault and criminal force with an intention to outrage her modesty, made her naked and raped her in the presence of her brother. She further claims that at the time of her release on February 11, 1993 she was threatened by the "accused persons" that on her lodging a report against them she would not only be implicated "in some heinous crime" but would also be killed and that on her release on the night of February 11, 1993 though she alongwith her husband did go to Police Post Majnu Ka Pilla to lodge a report against the officials of Police Station Jahangirpuri, she was turned away.

(3.) In support of the complaint, Bimla, Devi, complainant examined herself as CW-1. The other witnesses examined were her sister-in-law Rekha. Sita Devi mother of Ashok Kumar, Bishan Dass, Vinod Kumar, Raghbir Singh and Anil Kumar.