ARUN KUMAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD the learned Counsel for the petitioner and the learned Counsel for the State.

(2.) THE petitioner who was a Literate Constable in the Bihar Police was proceeded against in a regular departmental proceeding. The charge was that he alongwith one Danial Kumar, the Officer Incharge while posted at Sakhsohra Police Station in 1998 in the evening at about 6 pm, in an inebriated state caught hold of one Rinku Devi, a 18 years old girl, by her hand at the medicine shop where she had gone to buy medicines with her father. She was forcibly taken to the Police Station and locked in a room. Her father, the doctor at the shop and the shop -owner followed them to the Police Station. That the petitioner and the Officer Incharge then attempted to molest her in the Police Station. She was kept at the Police Station the whole night and the Officer Incharge only after taking three thousands rupees and obtaining an acknowledgement in writing released her the next day. A preliminary enquiry was held by the Sub -Divisional Police Officer when, the statement of the girl, the father of the girl, the doctor concerned, the shopowner and the Chaukidar was also recorded. The memo of charges was then prepared based on this report submitted by the Sub -Divisional Police Officer.

(3.) THE petitioner filed his show cause. His defence was that he was not present in the Police Station at the relevant date and time based on Station Diary Entries. The Enquiry Officer disbelieved the defence of the petitioner returning the finding that it stood proved that the 18 years old girl was forcibly taken to the Police Station and kept there the whole night. That her father and others who protested were assaulted at the Police Station. However, intoxication in absence of medical report and attempted rape could not be conclusively determined.