SAHAB SINGH SENGAR Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition, the petitioner is challenging the validity of the order Annexure -A/11 dated 25 -9 -1994 passed by the Superintendent of Police whereby the petitioner has been punished with a punishment of reduction to the minimum pay. The order of disciplinary authority was affirmed in departmental appeal and the DIG, Police vide its order dated 5 -11 -1995 (Annexure -A/13) dismissed the appeal. Hence this petition.

(2.) THE charge against the petitioner is that the petitioner did not register a criminal case on a report which was lodged by one Scheduled Tribe lady namely Kosu bai in regard to commitment of gang rape over her. In the statement of imputation of misconduct, it is revealed that on 12 -9 -1993 at the out post police chowki Prabhat Pattan a report was lodged by the said lady and she was sent for medical examination. However, all 5 accused persons were not arrested since they gave bribe. On receiving of complaint vide letter dated 24 -9 -1993 the Station Officer -in -charge, Multai handed over the said letter to Head Constable Sanjay and when upto 13 -10 -1993 Head Constable did not submit any report, on enquiry it was found by the Station Officer -in -charge of police station Multai that the petitioner anyhow took the said complaint letter and thereafter the petitioner who was serving as Assistant Sub Inspector was summoned by Station Officer Incharge, Multai and it was found by him that on 14 -10 -1993 petitioner recorded the statement of Kosu Bai and, according to that statement, she was not subjected to gang rape. Later on, the Station Officer Incharge, Multai directed the petitioner to produce said Kosu Bai but he avoided, as a result of which Station Officer Incharge directed Head Constable Sanjay to summon Kosu Bai and on making enquiry from her it was found that indeed she was subjected to gang rape. On these facts the petitioner was charged that he did not register the case against accused persons on the report of gang rape lodged by said Kosu Bai.

(3.) IT has been contended by Shri Girish Kekre, Learned Counsel for the petitioner that the present case is of no evidence and if that is the position the disciplinary authority and the appellate authority by recording perverse finding found the petitioner to be guilty and punished him and, therefore, this petition be allowed and the punishment orders be quashed.