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Friday, Feb 15, 2008
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HC refuses to quash charge memo against constable

Staff Reporter

MADURAI: “If a policeman, who has to police the antisocial activities of others, conducts himself to be policed by some one else, then there will be no end at all,” read a judgement passed by the Madras High Court on Thursday.

Justice S. Nagamuthu made the observation while dismissing a writ petition filed by a police constable to quash a charge memo issued to him for allegedly raping an 18-year-old girl when he was on duty in the Central Prison here at 12.15 a.m. on July 1, 2004.

The Karimedu police here had initially registered a case under Section 376 (punishment for rape) of the Indian Penal Code, but the charge was altered to Section 354 (assault or criminal force to woman with an intent to outrage her modesty) in the charge sheet filed before a local Magistrate here.

Even as the trial was on, the petitioner and the girl reached a compromise at a Lok Adalat held on April 15, 2006 and he was acquitted in view of the compounding of offences.

Subsequently, his request to drop the disciplinary proceedings was rejected by the Police Commissioner and hence the writ petition.

Mr. Justice Nagamuthu said that the charge memo could be dropped only if the petitioner had been acquitted honourably on the merits of the case and after appreciation of evidence. But, in the present case, the police constable has benefited out of compounding of offence and it could not be equated with an honourable acquittal.

The girl might have agreed for a compromise owing to her inhibition to adduce evidence in an open court, the Judge said.

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