Annual Report 2009-2010 12. Illegal Detention of Three Children by U�ar Pradesh Police (Case No.23018/24/25/08-09) 4.69 The case relates to a complaint made by Jagdish Sonkar, National President, Shambuk Sena, Unnao, U�ar Pradesh wherein it was reported to the Commission about the illegal detention of three children in Farukhabad on account of false implication by U�ar Pradesh Police. The complaint was supported with a newspaper clipping of “Rashtriya Sahara” dated 18 July 2008. 4.70 The Commission took cognizance of the ma�er on 16 September 2008 and called for a report from the Superintendent of Police, Farrukhabad, Government of U�ar Pradesh. On examination of the report, it was found that the three minor children, namely, Aijaz, Ramu and Subhash Chandra had been falsely implicated under the Goonda Act of U�ar Pradesh and hence illegally detained. The concerned Sub-Divisional Magistrate, quashed the proceedings against the minor children under the Goonda Act. Departmental action was also taken against the Station House Officer, Brijesh Kumar Tripathi, and a�er conclusion of the enquiry he was ‘censured’. Apart from the Station House Officer, one Head Constable Ashok Kumar too was found responsible in the departmental enquiry, and he was departmentally punished. 4.71 The Commission on finding that the case was clearly of illegal detention and gross violation of human rights of the minor children issued a notice to the Chief Secretary, Government of U�ar Pradesh u/s 18(c) of PHRA. As no reply was received from the Chief Secretary of U�ar Pradesh, the Commission on 14 May 2009 recommended payment of Rs.10,000/- each to the victims, Aijaz, Ramu and Subhash Chandra. 4.72 The compliance report along with proof of payment has been received from the Government of U�ar Pradesh and the case closed. 13. Rape and Murder of Shanno alias Aarti Gopal Kale by Maharashtra Police (Case No.187/13/2005-2006-CD) 4.73 The case was reported by the Superintendent of Police of Ahmednagar in Maharashtra. One Shanno alias Aarti Gopal Kale, who as per complaint of her brother Gauri Gopal Kale, was taken to Shirdi Police Station on the night of 2 March 2005. There she was raped and murdered by the police and later her body was thrown in a dry well in Soygaon Shivar of Rahata Police Station so as to destroy the evidence. 4.74 The Commission took cognizance of the ma�er on 26 May 2005 and pursuant to its directions, the requisite reports were received from the Government of Maharashtra. In the inquest report, it was opined by the Panchayat that the “woman was killed by pressing of the neck and throat and disposed off with the intention of hiding the evidence and thrown in the well of Kisan Damu Shendge in half-burnt position and also half-buried”. In the postmortem report, the concerned doctors reserved their opinion and preserved the viscera. The final cause of death was given “as a result of compression of neck violent asphyxial death due to hanging”. Magisterial enquiry report conducted by the Sub-Divisional Magistrate of Shrirampur concluded that the deceased Shanno Kale was brought to Shirdi Police Station and died in police custody between 1.30 a.m. to 5.00 a.m. when, Mr. Kahar and Mr. Mali, NHRC 27

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