The National Human Rights Commission has not acceded to the contention that three constables accused of gang rape were not on duty at the time of the incident does not inspire confidence, and has recommended to the Himachal Pradesh Government to pay Rs. three lakh as monetary relief to the victim of sexual assault even as a case in the matter is before a court of law.
The Chief Secretary of the state has been asked to send the proof of payment within six weeks.
The Commission had taken cognizance of a complaint alleging that three police constables, posted in police line, Mandi had gang raped a woman on the July 1, 2013. The victim, a resident of Village Gawal of District Mandi had gone to Mandi for some work. One of the accused allegedly lured the victim to his private quarter and two of his friends joined him in sexually assaulting the women.
The reports received in response the NHRC notice revealed that on the basis of the statement of the victim an FIR No. 167/13 dated July 2, 2013 u/s 376(D)/342 IPC had been registered at Police Station Sadar, Mandi. All the three constables were arrested on the same day and were put in judicial custody. Departmental inquiry had also been initiated against them.
The state government also contended that the accused constables did not misuse their power as at the time of incident, none of them was performing duty and that the incident of gang rape did not take place in the premises of the police station or police line. Therefore, the liability to pay monetary relief was not lie on the State Government.
The Commission observed that the enquiry had revealed that one of the constables was in a drunken state while on duty at the time of the incident. The conduct of the three police personnel was unbecoming of a public servant and that they had violated the human rights of the victim and recommended the monetary relief.
