GAJE SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) GAJE Singh revision petitioner is employed as a constable in the Haryana Police. On the date of occurrence he was posted at Sirsa.

(2.) ON 5th July, 1982, Tarsem Kumar, (PW-7) and Manju Bala had started from Hissar for Pili Bangan in Rajasthan. Both of them reached Sirsa at about 11.00 p.m. where they had to change the bus to continue their onward journey. Tarsem Kumar and Manju Bala were sitting on a bench, when at about 1-1/4 p.m. the petitioner, who was allegedly on duty, came there in uniform. He was under the influence of liquor at that time. The petitioner sat by the side of Manju Bala on the same bench and started making indecent gestures towards her. After that the petitioner took out currency note of denomination of Rs. 10/- and asked Manju Bala to accompany him. Tarsem Kumar (PW-7) objected to it. Lal Chand, Chand Singh, Surjit Kumar and Surinder Kumar PWs also happened to be there. All of them caught hold the petitioner and removed him towards the Police Station. On the way, they came across ASI Atma Nand (PW-6). Tarsem Kumar made his statement, which was sent to the Police Station, on the basis of which formal first information report was recorded. ASI Atma Nand arrested the petitioner, who has injuries on his person. The petitioner was sent for medical examination.

(3.) AFTER investigation, the petitioner was sent for trial in the Court of Chief Judicial Magistrate, Sirsa. The learned Magistrate served a notice on the petitioner to show cause as to why he should not be punished under Section 294 of the Indian Penal Code. The petitioner denied the contents of the notice, and pleaded false implication.