NATIONAL HUMAN RIGHTS COMMISSION the statement of prosecutrix/victim recorded u/s 164 Cr.P.C, she categorically stated before the court that she was raped by prison staff, Devendra in the women ward on 5.4.2013 4.77 The report was considered by the Commission on 10.07.2014 and being a clear case of violation of human rights of the woman in custody, issued a notice u/s 18(a)(1) of Protection of Human Rights Act (PHRA), 1993 to Chief Secretary, Government of Bihar to show cause as to why the victim should not be recommended monetary relief. 4.78 The response from the State Government was considered by the Commission on 22/11/2017. The Commission observed that the fact cannot be denied by the authorities that the prosecutrix had levelled serious allegations of rape by the jail official, inside the premises of the jail. It is an offence against the body of the individual which is protected under Article 21 of the Constitution. The police authorities after thorough investigation, prima facie, found the allegation to be true and had submitted the charge sheet against the accused person for trial before the competent court. In these circumstances, the Commission does not find any merit in the response submitted by the State of Bihar. Accordingly, the Commission recommended the Government of Bihar for payment of ` 3, 00,000/- (Rupees three lakhs only) to the victim for violation of her human rights. The compliance report is awaited. 14) Prisoner not taken to Court for Hearings due to Non Availability of Police Guards (Case No.27705/24/1/2016) 4.79 The Commission received a complaint dated 12.07.16 wherein the complainant, Shambhu, an inmate of Central Jail, Agra alleged that he is not taken to the Court on the dates of hearing of his case due to non availability of police guards, causing delays in the adjudication of his case by the Court. 4.80 In response to the directions of the Commission, a communication dated 31.12.16 was received from the DM, Agra, UP according to which the complainant is a life convict in one case as well as under trial in two other cases which are pending in different Courts. The jail administration placed demand for guards to SSP, Agra and Inspector, Police Lines, Agra for producing the jail inmates in different Courts. The jail inmates could be produced before the Courts only when the police guards were provided. There is no negligence on the part of the jail administration in this regard. Details of the dates of hearing by the Courts and the availability/non-availability of guards on those dates were given. 4.81 The Commission considered the material placed on record on 14.06.2017 and noted that the police guards were not provided on 9 hearings out of 23. It is the responsibility of the police administration to provide guards on the dates of hearing for taking the jail inmates to the Courts and bringing them back. It is apparent from the details of non-availability of 58 Annual Report 2017-2018

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