CHANDRA Vs. STATE, REP. BY PUBLIC PROSECUTOR, PONDICHERRY

JUDGEMENT

(1.) The complainant in un-numbered C.C. of 1987 on the file of Judicial First Class Magistrate, Pondicherry, has filed this revision petition under Sec. 397 and 401 Criminal Procedure Code, praying to set aside the order in the above un-numbered CC of 1987 dismissing the complaint under Sec. 203 Criminal Procedure Code.

(2.) The Complainant has filed private complaint against five accused out of whom accused No. 1 is Sub-Inspector and other accused are Police constables of Orleanpet Police Station. The allegations in it are briefly as follows:

(3.) On 19.8.87, at about 4.00 P.M., the accused entered into the house and ordered the complainant to go out of the house. The complainant protested. The first accused misbehaved with the complainant. He began to tear her blouse and pushed her out of the house. He pulled her saree. By then her son returned from the school. The first accused beat him with lathy. He sustained injuries and fainted. The complainant pleaded with the accused not to torture them, and pleaded that she would herself appear in the police station. The Sub Inspector hit the complainant on her neck and mercilessly beat her. He uttered endearing words and misbehaved with her, outraging her modesty. On the command of the first accused, the other accused showered blows on her son with the result he became unconscious. They dragged him and threw him into the jeep. They dragged the complainant out of the house. The complainant was lifted and was thrown violently into the jeep. They were taken to the police station and then to the residence of the Magistrate. They were not produced before the Magistrate. Later they were put into jail. He enquired whether their injuries were attended and whether they were produced before the Magistrate. On the next day, they were released on bail. The accused had outraged her modesty. They are liable to be punished for offences under Sections 323, 324, 354, 451, 452 read with 34 of Indian Penal Code.