SC Directs DGP Rajasthan To Initiate Inquiry Against Police Officer Who Allegedly Assaulted Minor Witness To Obtain Confession

The Accused was arrested in a case registered under Section 302 of the Indian Penal Code and Sections 3, 5, and 25 of the Arms Act 1959. He applied for two bail applications before the Rajasthan High Court in October 2022 and September 2023, both were dismissed by the High Court. Hence, the Accused approached the Apex Court.

The Bench of Justice Abhay S. Oka and Justice Ujjal Bhuyan observed, “The witness was not declared as hostile. Therefore, what she has stated above insofar as the acts of the police are concerned, has gone unchallenged. The age of the witness on the date of the incident was approximately 14 years. She stated that firstly, the police suspected that she had committed the offence and therefore, a policeman gave her a pistol and asked her to show how it fires. She was scared. She was taken to the police station where she was assaulted and the police tried to compel her to tell that she was the one who had shot at her mother. As this portion of the evidence has gone unchallenged, it is a case of serious misconduct on the part of the police personnel. Not only that this is a misconduct, but an offence has been committed.”

Advocate-on-record Chitrangda Rastravara appeared on behalf Accused and Advocate Vidhan Vyas appeared for the State of Rajasthan.

Shocked by the events, the Court noted the deposition of the witness which stated, "... There was a scuffle between mom and Ramveer over some issue, then Ramveer got angry and took out a pistol and fired it at mom and forbade me from telling this to anyone and said that if I told anyone, he would kill me too. After this he called someone and left from there. After that he came back after two to five minutes and started telling someone on the phone that bullet had hit. That other one told that call the police and then he called the police. After this he tried to give me money but I refused to take the money. After that he went out to take the police and said that this woman had shot herself and then said that this girl had shot her. The policemen gave me a pistol and asked me show how it fires. I was scared. After interrogating the police took me to the police station. There they beat me and said tell that you are the one who shot your mother. Then I was sent back home at 7:30 in the night. Exhibit P-3 is the map of the place of occurrence bearing my signature from A to B..."

The Court allowed the appeal and directed that the matter shall be listed before the Court for a later date and the DGP, Rajasthan shall submit the report about the action taken.

The Court directed, “We, therefore, direct that a copy of this order shall be forwarded to the Director General of Police, Rajasthan who will immediately initiate an inquiry into the episode and will ensure that not only that an action on the administrative side is taken but the criminal law is set in motion.

Cause Title: Ramveer v. State of Rajasthan

Appearances:

Petitioner: Advocate-on-Record Chitrangda Rastravara, Advocates Aishwary Mishra, Dashrath Singh, Dhananjai Shekhwat, Abhijeet Singh, Anirudh Singh, Anjali Sexena and Gagandeep.

Respondent: Advocates Vidhan Vyas, Milind Kumar, Syed Haider Shah