Thursday, May 03, 2018

माननीय राष्ट्रीय मानवाधिकार आयोग ने रेप केस दर्ज करने में पुलिस के द्वारा हीला हवाली करने पर दिया कार्यवाही का आदेश और साथ में पीडिता को मुआवजा

Case Details of File Number: 1440/24/72/2015-wc
Diary Number
Name of the Complainant
Name of the Victim
A minor Girl  D/O PATATURAM
Place of Incident
Date of Incident
Direction issued by the Commission
These proceedings shall be read in continuation with earlier proceedings of the Commission. The complainant had alleged that the victim girl aged about 13 years, belonging to scheduled caste, was kidnapped by one named accused person and two unknown persons on 06/01/2015. Complaints were made to Local Police Station and Senior Superintendent of Police, but no action was taken by the police. Superintendent of Police, Rural, Nodal Officer, Commissions, Varanasi in his report dated 21/06/2015 had submitted that in the alleged incident case No. 15/2015 u/s 363/366/506 IPC, PS: Cholapur was registered. The victim girl was recovered on 02/02/2015 and her statement under section 164 Cr.P.C. was got recorded on 13/02/2015, and her medical examination was also conducted. Sections 376 IPC & Section 3/ 4 POCSO Act were also added in the case on 19/02/2015. One accused was arrested on 10/06/2015 and another accused surrendered in the court on 18/06/2015. Remaining one accused is absconding and proclamation has been issued against him. The investigation of the case is pending. Inspector General of Police, Varanasi Zone had submitted his report dated 28/03/2016. It was stated that in the alleged incident charge-sheets were filed against two accused persons and one absconding accused person. On 09/11/2015 a request letter was sent to Senior Superintendent of Police, Varanasi to grant a fund of Rs.90,000/- only to the victim girl. Inspector General of Police, Varanasi Zone had submitted his report dated 20/01/2017. It was stated that in the alleged incident case was registered on 16/01/2015 and erstwhile SHO Pawan Kumar Upadhyay was found guilty for delay in the registration of the case. Directions have been issued to initiate action against him. The Commission had issued Show Cause Notice dated 15/11/2017 to the Chief Secretary, Government of Uttar Pradesh calling upon him to show cause as to why an amount of Rs. 25,000 /- should not be recommended to be paid to the victim girl u/s 18a(i) of Protection of Human Rights Act. In response, Superintendent of Police, Crime, Nodal Officer, Varanasi has submitted his report dated 29/01/2018. No specific reply has been given regarding the compensation amount, whether or not, should be granted to the victim girl. No reference has been made regarding the penal action and/or department action against the delinquent police officer. The report is factual in nature disclosing the facts which were mentioned in the previous police reports. The Commission has perused the record placed before it and considered the matter. In the present case the minor girl belonging to scheduled caste was kidnapped by the named accused person and the police did not take prompt action in the matter. The erstwhile SHO has also been held guilty for the dereliction of duty is in the matter. Apparently, there was breach of statutory duties contemplated under section 154 Cr.P.C. by the police officers. The delinquent police officers, including their supervisory officers, are liable to be dealt with in accordance with Section 166/166A IPC and Section 4 of SC/ST POA Act. Had any prompt action been taken by the police department in the present case the sufferings of minor victim girl would have been minimised. Due to negligence, acts, omissions and breach of duty by the police officers the human rights of the victim girl have been violated. The Commission has taken a serious note of such human right violations caused by the inaction on part of the police department in the present case. The Commission recommends that an interim relief of monetary compensation of Rs. 25,000/- shall be granted to the victim as per Section 181(i) of the Protection of Human Rights Act, 1993, by the State of Uttar Pradesh. Be it noted that this amount of interim relief of monetary compensation shall be in exclusion of any other monetary relief/benefits to be given to victim girl under POCSO Act or under Schedule Caste and Schedule Tribe (Prevention of Atrocities) Act or under State Victim Compensation Scheme. Chief Secretary, State of Uttar Pradesh is directed to submit the Compliance Report alongwith proof of payment within four weeks, without fail. Director General of Police, Uttar Pradesh is directed to submit his Action Taken Report regarding the disciplinary action and penal prosecution against the delinquent police officers in the present case. Response within four weeks, without fail.
Action Taken
Additional Information Called for (Dated 3/23/2018 )
Status on 5/3/2018
Response from concerned authority is awaited.

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