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The Additional District Judge (Fast Track), Barmer,
Shri Chandra Sekhar Sharma has awarded life imprisonment
to Shri Kishore Singh, Police Constable, ten years rigororous
imprisonment to Shri Sumer Dan, ASI and five years rigorous
imprisonment to Shri Sohan Singh, then Station House
Officer of Police Station Sadar, Barmer for torturing
a person and severing his private part. The proceedings
against the fourth accused, Shri Bheru Singh were abated
as he passed away during the trial.
The Court after conclusion of trial which involved
testimony of approximately 41 prosecution witnesses
pronounced its judgement on 21.12.2005 awarding the
punishment.
On 5.2.1994, Sh.Jugta Ram s/o Sh.Amra Ram, resident
of Barmer, who was admitted in Govt. Hospital, Barmer
submitted a written complaint alleging that on 5.2.94
Sh. Bheru Singh, (private person in whose shop Sh.Jugta
Ram was earlier working) accompanied by Sh.Sumer Dan,
ASI and Sh. Sohan Singh, SI, both of P.S. Sadar, Distt.
Barmer took him to the barracks at Police Station Sadar,
Distt. Barmer (Raj.) and severed his penis with a sharp
object and thereafter they covered him with a blanket.
However, he fainted on account of excessive bleeding
and when he gained consciousness, he found himself in
the Govt. Hospital, Barmer. On the basis of the complaint,
a case vide FIR No.45/94 was registered at PS Kotwali,
Distt. Barmer.
The investigation of this case was subsequently transferred
by the Govt. of Rajasthan to CBI and in pursuance of
the orders of the Govt. of Rajasthan issued on 14.2.94,
the FIR No.45/94 of PS Kotwali, Barmer was taken up
for investigation and FIR No.3(S)/94 was registered
at CBI Jodhpur Branch on 19.2.94 against Sh. Sumer Dan,
ASI, Sh. Sohan Singh, the then SHO, Sh. Kishore Singh,
the then Police Constable, all of PS Sadar, Barmer and
Shri Bheru Singh Bhayal, private person.
After conclusion of investigation, a chargesheet was
filed against S/Shri Sumer Dan, Sohan Singh, Kishore
Singh and Bheru Singh Bhayal in the court of ACJM, CBI
Cases, Jaipur on 12.5.94 for commission of offences
punishable U/s 120 B (criminal conspiracy) r/w 343 (wrongful
confinement),326 ( voluntary causing grievous hurt by
dangerous weapons or means ), 323 (For voluntarily causing
hurt) and 308 (Attempt to commit culpable homicide)
of IPC. Further substantive offences U/s 343,326,323,308
r/w 34 (Acts done by several persons in furtherance
of common intention) of IPC against Sumer Dan, U/s 323
r/w 326, 308 against Kishore Singh, U/s 343, 323 against
Sohan Singh and U/s 384 (For extortion),326,308 r/w
114(Abettor present when offence is committed ) against
Sh.Bheru Singh Bhayal.
The trial of this case was subsequently transferred
to the court of ADJ (Fast Track), Barmer at the orders
of the High Court of Rajasthan. The case had drawn the
attention of the national & international media
and also the Human Rights organisation during the time.
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