(b) Unlawful Arrest, Illegal Detention and Torture
9. Kidnapping, Illegal Confinement and Attempted Rape of Minor Girls
by Delhi Police Personnel under P.S. Mukherji Nagar, Delhi
(Case No. 6232/30/6/2013)
4.75 The Commission received a complaint from one R. H. Bansal of an NGO that on
5.10.13 two policemen kidnapped three minor girls from Vikaspuri area and took them in
a government quarter in police colony, Mukherjee Nagar. The policemen forced them to
consume liquor and tried to rape a girl. The girls raised hue and cry and the neighbour took
the matter to the police and a case has been registered at P.S. Mukherjee Nagar.
4.76 Pursuant to the directions of the Commission, the enquiry report of the Assistant
Commissioner of Police, Model Town, North West District was received stating that on
5.10.13, a Police Control Room call was received at Police Station Mukherjee Nagar
regarding molestation of a girl. During enquiry the statement of the victim, aged 13,
was recorded. She stated that the accused Amit Tomar had brought her along with two
other minor girls, aged 10 and aged 11, to the government accommodation of Gurjinder
Singh where both the accused forced her to consume liquor and tore off her clothes in
order to rape her. Both the accused persons were posted in 3rd Battalion, Delhi Armed
Police as Constables. On her statement, a case vide FIR No.407/13 u/s 363/342/328/354B/34 IPC read with section 10 of the Protection of Children from Sexual Offences Act,
2012(POCSO)was registered. Both the accused were arrested on the same day. Chargesheet
u/s 366-A/342/328/354/354-A/354-B/308/506/120-B/34 IPC r/w section 10 POCSO Act
and 23 Juvenile Justice Act against both the accused persons was filed in the Court on
25.10.13. The erring police personnel have been dismissed from service. Presently, the case
is pending trial in the Court.
4.77 The Commission upon further consideration of the matter on 7.4.2014 has inter-alia
observed and directed as under:“The Commission observes that the human rights of the victims have been violated
by the public servants for which the State must bear the liability. Issue a Show Cause
Notice to the Government of National Capital Territory of Delhi through its Chief
Secretary and to the Commissioner of Police, New Delhi as to why monetary relief
of Rs.3,00,000/- each (Rupees Three Lakhs each) u/s 18 of the Protection of Human
Rights Act, 1993, be not recommended to be paid to the victims mentioned in the
report. Response within eight weeks.”
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National Human Right Commission Annual Report - 2014-2015