Annual Report 2010-2011
in the matter was received from the Government of Maharashtra, the Commission vide its
proceedings dated 5 January 2011 recommended to the Government of Maharashtra to pay
a sum of 3, 00,000 as monetary relief to the next of kin of the deceased Aslam Kamruddin
Shaikh.
4.62 The case is being monitored by the Commission as the compliance report along with
proof of payment is yet to be received from the Government of Maharashtra.
14.
Death of Jyoti Rachna in Ongole Town II Police Station in District Prakasam, Andhra Pradesh
(Case No.428/1/17/09-10-PCD)
4.63 The Commission was informed by the Superintendent of Police, about the death of a
woman named Jyothi Rachna in Ongole Town II Police Station in Prakasam District of Andhra
Pradesh. The deceased was aged about 32 years and was brought to the Police Station on
20 September 2009 for enquiry in connection with one missing girl Anu, daughter of Bolla
Venkateshwarlu. Her husband and their two-and-a-half year old son also accompanied her
to the police station. At about 10 p.m., her husband came to the ground floor along with the
son as he was not sleeping and later on returned to the first floor at 10.30 p.m. On going back
he found his wife hanging from the ceiling fan with her dupatta. Her husband immediately
informed the police whereby she was rushed to Rajamma Multi-Speciality Hospital in Ongole.
However, despite the best efforts put in by the attending doctors of the hospital, Jyothi Rachna
died. A case u/s 176 Cr.P.C. was registered at Ongole II Town Police Station on a complaint
made by the husband of the deceased. A complaint in this regard was also received in the
Commission from the Chief Editor of the Human Rights Observer, New Delhi.
4.64 Taking cognizance of the matter, the Commission directed its Director General
(Investigation) to collect requisite reports in the matter from the concerned authorities. The
post-mortem report mentioned that there were two ante-mortem injuries on the body of the
deceased – (i) a linear multiple abrasion below the right axial region, and (ii) a ligature mark
measuring 28 cm in length and 2.0 cm in width in front of the neck. The cause of death as
per the post-mortem report was due to hanging. The magisterial enquiry report also revealed
that the deceased had committed suicide by hanging on account of depression when she was
arrested by the police and also opined that the suicide had taken place due to negligence of
the police. The Magistrate pointed out that not only the arrest of Jyothi Rachna was contrary
to law, but also the Home Guards alleged to have been present there had deposed before him
that they were not in attendance when the deceased hanged herself. Statement made by one of
the Guards revealed that Jyothi was compelled to sign a statement to show as if she was there
when the incident took place. Jyothi too had categorically denied her absence at the related
point of time but the Sub-Inspector forcefully took her signatures. There were evidences that
the deceased was not kept in a separate cell and from the contents it was clear that she was
tortured mentally which drove her to commit suicide. Besides, she was arrested after sun
set which amounts to violation of section 46 (4) of Cr.P.C., 1973, as the given section clearly
prescribes that a woman is not to be arrested after sun set and before sun rise. If at all the arrest
to be made under exceptional circumstances it has to be carried out with the prior permission
of Ist Class Judicial Magistrate within whose local jurisdiction the offence was committed or
NHRC
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