MANJU DEVI Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) The petitioner is seeking registration of an FIR against Constable Sampuran Singh and Ajaib Singh under Sections 376, 420 and 120 B IPC.

(2.) It has been alleged in the present petition that the petitioner is working as Dai (Maid) at Sunam, District Sangrur for the last about 15 years. She has been doing the cases of delivery and one of such case of the wife of Sibu Bihari had been done by petitioner in the month of February 2006. As per the work done by the petitioner. Sibu Bihari had to pay her Rs. 3000/- as charges towards the services rendered by her to the wife of Sibu Bihar. The petitioner had given a complaint in the concerned Police Station regarding the non-payment by Sibu Bihar. On the said complaint, Constables Ajaib Singh and Sampuran Singh came to the residence of the petitioner on 12.2.2006 and directed her to appear before them at Police Station Sunam on 13.2.2006. They also told her that they have called Sibu Bihari there. On 13.3.2006, when petitioner along with her husband went to the Police Station and met Constables Ajaib Singh and Sampuran Singh regarding her payment, they told the petitioner that one Geeta Sharma, President of the area has offered Rs. 2500/- to be paid to her (petitioner) on 14.2.2006 at 8.00 AM. They also assured the petitioner that the balance amount of Rs.500/- would be paid to her later on by Sibu Bihari. On 14.2.2006, when the petitioner went to the Police Station, C. Ajaib Singh asked her that why she has been doing private work, he would try to get job for her in Government Hospital, Sunam. C. Ajaib Singh demanded Rs.25,000/- from the petitioner for helping her in providing government job to her. The petitioner handed over Rs. 2,500/- and also fetched Rs. 15,000/- from her home and paid the said amount to C. Ajaib Singh. Said C. Ajaib Singh again assured the petitioner that he would provide government job to her very soon. He also demanded the balance payment from the petitioner. The petitioner requested the said Constable that she could arrange for the balance amount as soon as possible and went back to her residence. On 15.2.2006, when the petitioner's husband went to his job, she was lying on the bed because of sickness. At about 11.30 A.M., C. Ajaib Singh and C. Sampuran Singh came to the residence of the petitioner and demanded the balance amount of Rs.7,500/- from her. The petitioner paid the amount of Rs.7,500/- to C. Ajaib Singh. Thereafter, C. Ajaib Singh and C. Sampuran Singh stepped out from the house of the petitioner and gossiped with each other outside the door. C. Ajaib Singh talked to someone on mobile phone and went away. However, C. Sampuran Singh re-entered the house of the petitioner and forcibly gagged her mouth with his left hand and threw her on the bed. He opened the string of her salwar with his right hand and raped her. The petitioner showed her resistance but C. Sampurran Singh being hale and hearty, overcame the same. In the meantime, husband of the petitioner reached the house, for lunch in afternoon. Upon seeing the incident, he tried to catch hold of C. Sampuran Singh, who gave 2-3 blows on his face and threw him down and gave kicks with legs before running away from the spot. The petitioner and her husband shouted and ran behind him. The people of the locality also watched the scene, however, the said Constable fled away from there. The petitioner along with her husband went to Police Station Sunam and told the entire incident to the Incharge of the Police Station, who flatly refused to even entertain the complaint of the petitioner. The Incharge of the Police Station also tried to pacify the petitioner and tried to save his Constable for the reasons best known to him. The petitioner then went to the office of Deputy Superintendent of Police and gave a complaint against C. Sampuran Singh and C. Ajaib Singh.

(3.) The petitioner claims that her visit to the office of DSP, Sunam did not bear any fruit. Instead she was called to the Police Station on 21.2.2006 where she was forced to affix her thumb impression on an application written by the Incharge of the Police Station. The said application was regarding request for a job to her in Civil Hospital, Mansa. When no FIR was registered, the petitioner was left with no other option but to file the present petition in this regard.