National Human Right Commission
he held that the accused, namely, Gautam Kumar Singh, s/o Shri Rajendra
Prasad Singh, r/o Village Karsop, P.S. Sambhuganj, District Banka, Bihar was
implicated in a false case on account of which he remained in jail for seven
months. This led to infringement of his basic constitutional and human rights.
He thus requested that the matter be brought before the NHRC.
4.62 The Commission on 22 December 2014 took cognizance of the matter.
4.63 The facts of the case were that Sanjay Kumar Pandey, the then Officerin-Charge of P.S. Sambhuganj registered Case Crime No.145/2007 u/s 25 &
26 of the Arms Act alleging that on 24 October 2007 at about 05.00 p.m., he
had gone with his staff to village Karsop in connection with the investigation
of aforementioned case. He entered the house of Rajendra Singh along with
two independent witnesses Jai Kishore Thakur and Sunil Kumar Singh. Seeing
the entry of the police inside the house, a boy ran out of the house. The police
chased him and apprehended him. A country made Musket was recovered from
the hand of the boy. He was identified by the two independent witnesses as
Gautam Kumar Singh.
4.64 On completing the investigation of the case, the police submitted a
chargesheet in the Trial Court. The case was heard by Shri Anil Kumar Thakur,
Judicial Magistrate-First Class. The accused was acquitted on 19 July 2014. As
stated above, the Magistrate while acquitting the accused observed that it was
a case of false implication.
4.65 The State appealed against the judgment of the Magistrate. It also filed
an application for pardoning the delay in filing of the appeal. The appeal was
admitted by Sessions Judge, Banka on 27 January 2015, but the question of
limitation was left for consideration at the time of the final hearing of the
appeal. The operation of the judgment of the Trial Court was not stayed by the
Appellate Court.
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Annual Report - 2015-2016