BHAGWAN SINGH Vs. THE ANDAMAN & NICOBAR ADMINISTRATION

JUDGEMENT

(1.) The present case narrates a sordid saga of the appellant, who was the then Station House Officer of the local police station, venting his sexual lust on a defenceless house wife by blatant abuse of official powers.

(2.) A thumbnail sketch of the prosecution case, as alleged, against the appellant is that one Mohammed Ismail (PW 19) and his wife Kamrul Nissa (PW 16), the victim herein, along with their four children were residing at Austinabad in Port Blair since April, 1986. Mohammed Ismail befriended one Karim Bux (PW 23) who was a crew member of a ship. As a result, Karim Bux regularly visited the family and got acquainted with other family members of Mohammed Ismail including Kamrul Nissa and the latter started referring him as her (Brother-in-law).

(3.) It appears that Kamrul Nissa was suffering from vertigo and giddiness and, in spite of being treated by various doctors, the disease could not be cured. PW 19 informed PW 23 about this problem. PW- 23 suggested that Kamrul Nissa be treated by one exorcist at Dundaspoint. He said that he knew an exorcist namely Saiyyad at Dundaspoint and another exorcist namely Ahmed Hussain (PW 7) at Namunaghar. On the request of PW 19, PW 23 agreed to take PW 16 to an exorcist for treatment. Accordingly, on 19.01.1987, PW 23 took PW 16 to Dundaspoint for meeting the exorcist, Saiyyad. However, they were unable to meet the exorcist at Dundaspoint as he was not at his residence. Accordingly, they returned to Namunaghar and try to meet the other exorcist namely, Ahmed Hussain who was also not available at his house. Finding no other alternative, they returned to Austinabad.