SHYAMLAL DEVISEVAK SHARMA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) This petition is filed by an unfortunate police constable who, though acquitted by the Magistrates Court on a charge of robbery, found innocent of the charges framed on the basis of the same facts, by the enquiry officer, because of his misfortune, was found guilty of the same charges by the Commissioner of police, the 2nd respondent by an order which can only be described as irrational and perverse.

(2.) The petitioner was employed as a police constable in the Bombay Police Force with effect from 1-4-1958 and suspended from 28-2-1970. The main charge against him was of robbery and the evidence against him before the enquiry officer was of the witnesses, one of whom was the complainant in the criminal prosecution and a self-confessed lier and the other one S.I. Deshmukh of the police force who had recorded the statements of witnesses and all of whom, denied the correctness of the statements as recorded by him. The self-confessed lier had deposed before the Magistrate that his statement was not properly recorded but before the enquiry officer he resiled from the previous statement and stated that his statement was correctly recorded.

(3.) One Suleman Ahmed Mohiddin a person with doubtful means of subsistence, on 16-3-1970, lodged a complaint with the Ghatkopar Police Station, alleging that on 28-2-1970 at about 7 OClock in the morning while he was standing near Ghatkopar Railway Station for catching a State Transport bus for Aurangabad he was accosted by four persons posing as C.I.D. personnel and who accused him of carrying gold. According to Suleman three of these persons put him in a taxi and relieved him of Rs. 50,000/- which Suleman was carrying in a bag and Rs. 20/- out of Rs. 220/- which Suleman was carrying in his purse. S.I. Deshmukh investigated the complaint and caught hold of three persons as accused one of whom was the petitioner. All these persons were acquitted on the charge of robbery in the Magistrate Court.