The National Human Rights Commission (NHRC) today recommended that the government of the NCT of Delhi should pay Rs.3 lakh to a minor victim of attempt to rape by two police constables in Police Colony, Kingsway Camp on the October 5, 2013.
Delhi's chief secretary has been asked to send a compliance report along with proof of payment within six weeks.
During the course of enquiry, it was found that the 13 year old, resident of Kali Basti, Krishna Colony, Hastsal, Uttam Nagar, Delhi was allegedly kidnapped along with two other minor girls from Vikaspuri area by the two policemen who took them to the Police Colony and tried to rape a girl.
The girls raised hue and cry and a neighbour took the matter to the police and a case was registered at the Mukherjee Nagar Police Station.
The commission while passing the recommendations set aside the contention of the Delhi Police placed before it through the Government of NCT of Delhi that since at the time of the incident, the two constables were not performing any official duty and they had committed the crime in their personal capacity as such the Commission may take a lenient view in the matter.
NHRC member Justice D. Murugesan, has observed that the two accused constables involved in the offence of attempt to rape were posted in the Third Battalion of Delhi Armed Police as Constables.
They were dismissed from the service for the offence committed by them at the official accommodation. Thus, it cannot be said that the accused police officials had lost official capacity of a government servant at the time of committing the offence violating the human rights of the victim for which the State must bear the liability.
