Annual Report 2010-2011 Sharma in connection with a theft case. Twelve year old Durgesh alias Santosh who was present there was apprehended and mercilessly beaten to death. In order to mislead, the dead body of Durgesh was hanged with a rope by the police so as to show it was a case of suicide. It was further alleged that the police personnel ransacked his house. 4.93 Responding to the directions of the Commission, the Additional Superintendent of Police, Badaun Rural, submitted a report stating that FIR Crime No. 32/08 u/s 302 IPC had been registered against Sub-Inspector Sachchidanand Rai and other police personnel in connection with the said incident which was pending investigation. 4.94 Upon consideration of the report, the Commission in its proceedings dated 28 January 2009 observed that the report submitted by the Additional Superintendent of Police clearly established that the errant police officials were found guilty for the death of 12 year old boy during the investigation of crime. The errant police officials should hence be charge-sheeted once the prosecution orders were obtained. The Commission simultaneously also directed to issue a show-cause notice u/s 18 (a) (i) of PHRA to the Chief Secretary, Government of Uttar Pradesh as to why compensation should not be recommended to the next of kin of the deceased. 4.95 Subsequently, the Director General of Police, Government of Uttar Pradesh informed the Commission vide his letter dated 11 August 2009 that Sub-Inspector, Sachchidanand Rai, Constable Ram Nath Singh and Constable Ajay Rana had already been awarded penalty whereby their increment for a period of one year has been withheld. Further, disciplinary proceedings had been initiated against Sub-Inspector Jagdev Singh Malik, the fourth accused in the case. 4.96 Thereafter, the Secretary, Government of Uttar Pradesh vide his letter dated 8 October 2009 informed that in the given case all the four police officials have been found guilty for the death of Durgesh, therefore, it is justified to pay monetary relief to the kin of the victim. Taking into consideration all the facts of the case, the Commission vide its proceedings dated 19 June 2010 recommended to the Government of Uttar Pradesh to pay an amount of 5,00,000 to the next of kin of the deceased. The State Government was also directed to submit the compliance report along with proof of payment to the Commission. 4.97 The Commission also directed the Director General of Police, Government of Uttar Pradesh to submit the status of criminal case No. 32/08 u/s 306 IPC registered in Dataganj Police Station of Badaun District along with the outcome of the disciplinary action initiated against Sub-Inspector Jagdev Singh Malik. 4.98 The compliance report along with proof payment is awaited. The report from the Director General of Police, Uttar Pradesh is also awaited. NHRC 37

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