Annual Report 2009-2010
4.192 The report received from the jail authorities confirmed the alleged incident of a female
prisoner being pregnant while in judicial custody. The Commission was also informed that on
the request of the female prisoner, the pregnancy was medically terminated at D.D.U. Hospital
of Delhi on 26 May 2009. Further, fearing the stigma and other repercussions, the victim refused
to divulge the details of the incident to the jail authorities.
4.193 The Commission a�er considering the report observed that although the victim did
not make any complaint against any person or official of the jail and also refused to divulge
the name of the person, it was clear from the report that the victim became pregnant while in
judicial custody. It clearly showed a lapse on the part of the jail administration.
4.194 Pursuant to the Commission’s order dated 13 November 2009, a spot inquiry of the
victim was conducted in camera by the NHRC’s Investigation team.
4.195 The team from the Investigation Division of the Commission too failed to establish the
identity of the person who caused the pregnancy and concluded that there was no evidence to
suggest any forced physical relationship with her nor there existed any other form of sexual
exploitation in Tihar Jail. The team, however, pointed to the fact that a female prisoner becoming
pregnant in the jail showed a serious lapse in the security arrangements of the prison. The Tihar
Jail Administration also did not report therea�er about any steps taken by it for imporving its
security.
4.196 The Commission considered the report of the investigation team and called forth from
Tihar Jail Administration a report with regard to the steps taken by it to ensure complecte
security of the inmates, in particular the female prisoners. The said report is under examination
of the Commission.
33. Gang Rape and Merciless Killing of a Minor by RPF Personnel in Kanpur Police Station, U�ar
Pradesh (Case No.52571/24/43/07-08-PF)
4.197 The complaint relates to a shocking incident which was reported in almost all the news
channels and newspapers about the gang rape of an eleven year old girl by RPF personnel in
one of the police stations of Kanpur and then her merciless killing. As per the complaint, it was
a well thought out plann as the father of the minor girl was jailed on frivolous charges and the
mother had le� the child in the home so as to visit her husband in the jail. The complainant
prayed for the intervention of the Commission.
4.198 Pursuant to the directions of the Commission, the Railway Board, Government of India
reported that a Crime Case No. 57/08 u/s 147/148/376/302 IPC had been registered against
RPF Constables Vinay Kumar Singh, Amar Singh Contractor, Lambu, Pappu and four others.
During investigation, on the basis of evidence, RPF Constable Vinay Kumar Singh was also
arrested on 16 February 2008 and sent to jail. On completion of the investigation, chargesheet
against the three accused persons was filed in the court on 13 May 2008. RPF Constable Vinay
Kumar Singh was placed under suspension immediately and continues to be in judicial custody
as the ma�er is pending in the court of Kanpur.
4.199 In response to the notice issued by the Commission u/s 18 (a) (i) of the PHRA, it observed
that the reply received from the State Government clearly indicated that it did not want to pay
46
NHRC