THE STATE OF MAHARASHTRA Vs. SHESHRAO

JUDGEMENT

(1.) Respondents No.1 and 2, A.S.I. and Police Constable respectively, were facing trial for offence punishable under Sections 330, 324, 323, 354, 166 read with Section 34 of the Indian Penal Code in clubbed trial R.C.C. No.157/1998 before the Chief Judicial Magistrate, Parbhani. In the prosecution of R.C.C. No.157/1998 filed by Police Station, Basmatnagar, the complaint filed by the Judicial Magistrate, First Class, R.C.C. No.424/1993 was merged, in which evidence before charge had been recorded and charge was also framed. Thereafter, in R.C.C. No.157/1998, respondents accused No.1 and 2 filed application Exhibit 46 invoking Section 161 of the Bombay Police Act, 1951 (hereinafter referred as "the Police Act" in brief), claiming that the complaint filed by Magistrate as well as the charge sheet filed by the police regarding the offence alleged was time barred as the incident complained of that they had beaten complainant Shantabai and her husband and outraged modesty of the lady while she was in police custody, was beyond the period of six months from the date of incident. The acts were under the colour of duty as contemplated under Section 161 of the Police Act and the prosecution filed was time barred.

(2.) The Chief Judicial Magistrate heard the respondents accused and the Public Prosecutor and held that Section 161 applied to the acts complained of and as the complaint filed by Judicial Magistrate, First Class as well as the charge sheet filed after taking sanction were beyond the periods of limitation provided under Section 161, the application was allowed and it was found that the prosecution was not maintainable and the respondents accused came to be acquitted. The present appeal is filed against such acquittal. It would be appropriate to make a brief reference to facts involved to understand the controversy.

(3.) One Shantabai Jalbaji Dhone (hereinafter referred to as "complainant") came to be arrested with reference to N.C. Case No.54/1992 of Basmatnagar Police Station. After taking the necessary permission for investigation, her police custody was taken by the police between 11.7.1992 to 13.7.1992, which police custody was extended to 18.7.1992. On 18.7.1992, when the said Shantabai was produced before the Judicial Magistrate, First Class, Basmatnagar, she complained of physical illtreatment by the respondents accused as well as made allegations of outraging her modesty. It was found that, she had 13 injuries on her person. It appears that, she has claimed that water mixed with chilly was poured in her vagina in order to extract information from her. The offence related to Treasure Trove Act and police wanted to recover gold coins found as treasure. The then Judicial Magistrate, First Class reported the matter to the Sessions Judge in view of para 3 of Chapter I of the Criminal Manual and on directions of the Sessions Judge, Joint Judicial Magistrate, First Class, Basmatnagar enquired into the complaint. He sent report to the sessions Judge, Parbhani and on subsequent directions, Judicial Magistrate, First Class, Basmatnagar filed the R.C.C. No.424/1993 on 29.5.1993 under sections 323, 324, 330, 504, 354, 166 read with Section 34 of the Indian Penal Code.