CHAPTER 4 4.78 In response to the show cause notice, the Deputy Commissioner of Police (Vigilance), Delhi has stated that at the time of incident, the two police officials Gujendra Singh and Amit Tomar were not performing any official duties and they had committed the crime in their personal capacity as such the Commission may take a lenient view in the matter. 4.79 The Commission again considered the above explanation sent on behalf of the Government of National Capital Territory of Delhi on 23.7.2014 when it observed and directed as under: “As per enquiry report, the offence of attempt to rape was committed by the two accused persons who were then posted in 3rd Battalion of Delhi Armed Police as Constables. The offence was committed by them at the official accommodation provided to the Constable Gujinder Singh in the Police Colony, Kingsway Camp, Delhi on account of the said offence/misconduct committed by the accused police constables, they were dismissed from service. In the above circumstances, it is seemed that both the police officials were employees of the Government of NCT of Delhi at the time of the incident and committed the said crime in the Government accommodation provided to one of the accused in his capacity as police constable. Thus, it cannot be said that the accused police officials had lost official capacity of a Government Servant at the time of committing the offence. In the above circumstances, the Commission recommends u/s 18 (a) (i) of the Protection of Human Rights Act, 1993 to the Government of NCT of Delhi through its Chief Secretary to pay a sum of Rs. 3 lakhs (Rupees Three Lakhs Only) to the victim through her guardian at an early date and send a report along with proof of payment within six weeks positively.” 4.80 In response, the Deputy Commissioner of Police, North West District, Delhi has submitted that an amount of Rs. 3,00,000/- as recommended by the Commission has been paid to the victim. The Commission has accordingly closed the case. 10. Illegal Detention and Torture by Special Staff Hodel, Haryana, during Interrogation (Case No. 1308/7/22/2012) 4.81 Shri Bhudev Shastri, s/o Rewti Lal, Bharatpur, Rajasthan filed a complaint alleging about his illegal detention and torture by Police Officials of Haryana and Uttar Pradesh. He was arrested on 16.02.2012 on suspicion of being a thief and wasn’t produced before a Magistrate within 24 hours. He was released only after a bribe of Rs. 40,000,as demanded,was given to the Station Officer named Rishi Pal. As the Superintendent of National Human Right Commission Annual Report - 2014-2015 45