PUCL Bulletin, March 2002
Police found guilty of rape
By S. Ali Manzar, Advocate, Banda, UP PUCL
At the same time,
Kotwali city police of Banda also registered false case against 250 persons
including social workers, press reporters at crime no. 152/99 U/S 353,
435,504, 506 1PC, and imposed undeclared curfew in Banda City. Many raids
were conducted for arrest of innocent social workers and press reporters
including Shri Manoj Kumar Gupta. In order to build undue pressure, police
authorities were favouring indirectly their subordinate staff accused
persons. Mr. Shiv Kumar Mishra, Secretary, Ashok Awasthi, President, PUCL,
S. Ali Manzar, Anand Sinha announced free legal assistance. Miss Rinki
Soni was medically examined by Govt. lady Doctor and her statement U/S
164 Cr PC recorded by judicial magistrate.
PUCL Banda had taken
this matter very seriously as it had shocked peaceful atmosphere of public.
It deputed prosecution panel for assistance of the victim and other innocent
falsely implicated social workers & press reporters. PUCL state unit
through K.K. Roy, and R.K. Jain Senior Advocate filed writ petition No.
4432/99 against S.P., Banda and Kotwal, Sub-Inspectors for handcuffing
and humiliating arrest of press reporter Shri Manoj Kumar Gupta. Hon'ble
High Court called explanation from respondents.
After a high-level enquiry the case registered against 250 social workers was found to be false and concocted and had to be withdrawn by the Government. The Police chargesheeted the named accused, Lalji Yadav. Two others were unidentified and were acquitted. Mr. S. Ali Manzar, Advocate, Joint Secretary U.P. PUCL with assistance of DG Cr Shri Shivlochan Verma examined 7 prosecution witnesses including Rinki and her mother, the lady doctor, the radiologist who corroborated full prosecution case beyond reasonable doubt. Presence of positive spermatozoa confirmed the rape incident. Mr. S. Ali Manzar, Advocate of PUCL panel argued this case & demanded exemplary punishment to accused police constable, he said that accused police raped the law, deserve no leniency of society.
It was very shameful
for a member of state police machinery to commit rape. Mr. J.P. Narayan,
Special Judge, Banda pronounced conviction on 03/12/2001 in open court
The court room was full to capacity. Everyone is appreciating the role
of P.U.C.L. because it was difficult for the poor victim and her family
to face the threats from the police.