KAMLA DEVI Vs. STATE

JUDGEMENT

(1.) An application dated November 11, 1987 was addressed by the petitioner, Smt Kamla Devi, herein, to one of us (the Chief Justice), which was received in this High Court on November 24, 1987. It was averred therein that the petitioner belongs to a poor Harijan class who was married to one Sumer Chand but since he was drunkard and a loafer, he started maltreating her and ultimately turned her out of the house and she had been living in the house of her father Mansha Ram, resident of village Salwala for 3 1/2 years prior to this application. On August 6f 1987, at about 9 p.m. H.C Kutab Din, respondent No, 4 heroin, came to the parental house of the petitioner in village Salwala alongwith one constable and after entering the house told the petitioner that he had come to arrest her and asked her to accompany him to the police post Rajban. When the petitioner refused to accompany him at night, he forcibly dragged her out of the house and when her parents intervened they were also pushed aside manhandled and their clothes got torn. Meanwhile a number of persons of the village Salwala collected there including the Pradhan of the Gram Panchayat, Ch. Virender Singh and one Supa Ram. The Pradhan Virender Singh then also dissuaded respondent No. 4 from taking the petitioner to police post Rajban at night and undertook to produce her himself in the police post next morning, Respondent No. 4 however, did not accede to his request and he took the petitioner to the police post at Rajban at 930 p.m. Later on, when she was at the police post at Rajban, the brother of the petitioner also arrived there but respondent No. 4 threatened and terrorised him and drove him away. She was kept by respondent No. 4 in the police -post till mid -night during which period he maltreated and threatened her and also hurled filthy abuses at her and warned her that he being a police officer can even shoot her dead.

(2.) She further averred that after mid -night respondent No. 4 forcibly took her to his quarter near the police post and after she was taken over - there he continued terrorising and threatening her and ultimately started out -raging her modesty. She first resisted his over -tures but ultimately respondent No. 4 over -powered her and committed forcible sexual inter course with her. Respondent No 4 detained the petitioner in his quarter till 1.30 p.m. on the following day and later on produced her in the Court at Paonta Sahib at 2 p.m. when the Presiding Officer of the Court released her but at that time she was so much terror -stricken at the hands of the respondent No. 4 that she could not complaint against him to the Court. After coming home, however, she disclosed the incident to her father Mansha Ram who then took her to the Sub -Divisional Magistrate at Paonta Sahib where she lodged a complaint. The S.D.M. then enquired into the matter and so also the Dy. S.P., Paonta Sahib but no action had so far been taken against respondent No. 4 who is said to be a favourite of the Superintendent of Police concerned and that respondent No. 4 was still threatening the petitioner to kill her in case she disclosed anything about this incident. She thus prayed for justice against this autocratic behaviour of respondent No. 4 which had given her "pangs of indignity".

(3.) This complaint was then ordered to be registered as Civil Writ Petition on March 9, 1988.