JARNAIL SINGH Vs. GURBACHAN KAUR

JUDGEMENT

(1.) THE appellants are aggrieved of the judgment and decree passed by learned Additional District Judge, Faridkot on 6.5.2003 whereby the appeal filed by the respondent against judgment and decree passed by learned Additional Civil Judge (Senior Division), Faridkot on 26.7.2000 was accepted and her suit for recovery was granted for an amount of Rs. 1,10,000/- by way of damages/compensation.

(2.) THE respondent had initially filed the suit for recovery of Rs. Three lacs by way of damages against the appellants for the reasons that on account of their action, she suffered mental torture and her dignity, being wife of an Army personnel, was undermined in the society, friends and relatives. According to her, she was physically lifted by defendant No. 1 at the instance of other defendants from her house and taken to the police Chowki in a jeep bearing registration No. PBF-675. She was given fist blows by Jarnail Singh, ASI, who at the relevant time, was posted in Police Chowki, Sohangarh, Rattewala, Tehsil Guru Harsahai, District Ferozepur. She was kept in the police Chowki for two nights, where he even raped her. She was then shifted to Police Station, Guru Harsahai, where per chance, one Deputy Superintendent of Police came who asked the police officials about her presence. He learnt that no case was registered against her and she was, accordingly, allowed to go home.

(3.) THE suit for recovery was dismissed by learned trial Court, but the appeal of the plaintiff was accepted and her suit decreed for payment of Rs. 1,10,000/- as compensation. Hence, the present second appeal under Section 100 of the Code of Civil Procedure.