MOHAN LAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This case has come up on a complaint dt. Aug. 27, 1984 received by post from one Mohanlal son of Onkar, by caste Mali, resident of Ramsar, District Ajmer addressed to my learned brother Hon 'ble G. M. Lodha, J. wherein the allegation of mass rape in police custody against Sundari Devi wife of the complainant was reported. Several documents were tagged with this complaint. On receipt of this complaint my learned brother issued notices to the Director-General of Police, Rajasthan and Superintendent of Police, Ajmer and S. R. O. Ram Ratan Police Line, Ajmer to appear before this court and explain the situation. This application was registered as writ petition under Art. 226 of the Constitution. '

(2.) After the notices were served the State filed a reply and the S.R.O. put in appearance through Shri K. N. Sharma Advocate. Shri Jagdeep Dhankhar was asked to assist the complainant and this court ex gratia on legal aid side. The entire record of the Police station was sent for and placed before us by the Government Advocate. In their reply respondents 1 and 2 admit the fact that the death of Sunderi Devi took place while in police custody and that an enquiry was also conducted under S. 176, Cr. P.C. by the Additional District Magistrate who filed a complaint under S. 302, IPC on which a F.I.R. No. 39/84 was registered at police station Nasirabad and investigation was handed over to C.I.D. (C. B.) It is further said in the reply that after investigation a final report was submitted which has been accepted by the Munsiff and Judicial Magistrate 1st Class, Nasirabad vide his order, dt. Aug. 27, 1984. With the reply the State Government has also placed before us the statements of Mohan Lal and his son Laxman recorded under S. 161, Cr. P.C.as well as recorded by the Additional District Magistrate. The Government Advocate has also placed before us the entire case diary of the investigation of the original case in which Sunderi Devi was arrested, i.e. case No. 43/84 of police station Nasirabad Sadar.

(3.) We have perused the reply filed by the State along with the Annexure 5 as well as the police diary of case No. 43/84 in which Mst. Sundari was arrested. Her arrest memo which is at page 50 of the police diary discloses that at the time when she was arrested she complained of some pain in her breast, besides this there is no mention of any other injury on her person. She was subjected to post-mortem examination which had been conducted by a Medical Board consisting of four doctors. This Medical Board found 23 external injuries on her person which are as under: