TMI Blog1990 (10) TMI 374X X X X Extracts X X X X X X X X Extracts X X X X ..... ce of occurrence in a police jeep accompanied by PSI Wadekar and other policemen. On reaching the scene of occurrence they found the respondent in uniform standing at some distance from the hutment of Banubi. They also saw an agitated Banubi near her hutment. The respondent directed that the woman be taken to the Police Station as she had abused him. She was taken on foot to the Police Station by Head Constable Kulkarni and Police Constable Desale. The respondent and others returned to the Police Station in the jeep. 2. It appears that on 15th November, 1965 Banubi made a written complaint about the incident to the District Superintendent of Police. A preliminary enquiry was instituted. In the course of the preliminary enquiry detailed statements of several witnesses including Banubi were recorded. The statement of the respondent was also recorded. On the conclusion of the preliminary enquiry the respondent was charge-sheeted. The charge of perverse conduct was levelled against him on the following two grounds, namely: (1) On 13.11.1965 between 20.15 to 20.45 hours, you, Police Inspector Shri M.N. Mardikar, then attached to Bhiwandi Town Police Station (Thana District) visite ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng aggrieved by the said order has approached this Court by way of Special Leave under Article 136 of the Constitution. 3. As stated earlier the case against the respondent was that he had visited the hutment of Banubi on the night of 13th November, 1965 all alone in police uniform and had tried to ravish her. The respondent's version was that he had raided her hutment on receipt of information that she was dealing in illicit liquor and although nothing incriminating was found from her house, some articles like a rubber tube, a bottle, etc., containing country liquor were found from a nearby place which were attached as unclaimed property. In the course of evidence recorded at the Departmental Enquiry it was also brought out that Banubi was a woman of easy virtue and was having extra marital relationship with one Behram Irani, the Manager of Bhiwandi Talkies. She admitted that she was the mistress of that person. Evidence was also led to show that she was known as an award (vagrant) in the locality. The find of liquor from near her hutment had upset her and in order to escape from the clutches of law she had filed a false complaint against him on 15th November, 1965. The res ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... She was taken to the Police Station on foot by Head Constable Kulkarni and Police Constable Desale. Two things clearly emerge from the above evidence, namely, (i) that the police jeep was not available for use by the respondent till it returned from Kalyan at about 8.15 p.m., and (ii) which the police party comprising PSI Ghosalkar and others reached the scene of occurrence they found a crowd near the hutment of Banubi with the respondent standing at some distance all alone. This is clear from the evidence of Sub-Inspectors Ghosalkar and Wadekar and their subordinates Patil, Kulkarni, Desale, Bahiram, Sakpal and Jeep driver Shinde. It is also clear from their version that Police Constables Desale, Kadam and others had accompanied PSI Ghosalkar in the jeep towards Kalyan road and had returned to the police station at about 8.00 or 8.15 p.m. by which time the respondent had left. They could not have, therefore, accompanied the respondent to raid the hutment of Banubi. This evidence rules out the defence version that the respondent had gone to the hutment of Banubi at about 8.15 p.m. to carry out a prohibition raid. An officer of the rank of a Police Inspector would not ordinarily go ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d for the aforesaid documents since the commencement of the Departmental Enquiry and also in the course thereof. He was, however, informed that she original notebooks of the said four policemen as well as the logbook of the jeep were not traced. However, copies of the extracts from the notebooks of the said four policemen taken out earlier and sent to the Anti-Corruption Bureau during the preliminary enquiry were supplied to him, As far as the logbook is concerned evidence of the jeep driver was tendered to show that no entry about the visit from the Police Station to Kuwari's Bungalow was actually made on account of the distance being short. Be that as it may, the fact remains that the respondent was furnished with copies pf extracts from the notebooks of the said policemen and they were also offered for further cross-examination. In the course of cross-examination of Police Constable Desale, the witness evaded a certain question by stating that without seeing my original notebook I cannot say if I have made the entries regarding the duties performed on 13.11.65 and 14.11.65 in the notebook . He, however, admitted that the transcript from his notebook was correct but he could ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approached the District Superintendent of Police at the earliest opportunity and would not have lodged a complaint of misbehaviour against the respondent. We, therefore, find it difficult to agree with the High Court that merely because Banubi is a woman of doubtful reputation it is unsafe to rely on her testimony. We have carefully examined the evidence tendered before the Inquiry Officer and we are satisfied that the High Court was completely wrong in concluding that her evidence was not corroborated in material particulars by independent evidence. We are afraid that the High Court embarked upon a reappreciation of the evidence as if it were silting in appeal against the decision of the departmental authorities. Its reappreciation of the evidence is also unsustainable. 9. For the above reasons we set aside the order of the High Court and restore the order of removal from service passed by the appellate authority and direct that it be given effect to in accordance with law. We, however, make it clear that if in the meantime the respondent was re-instated in service pursuant to the High Court's order, the salary and allowances paid for actual duty rendered on such re-install ..... X X X X Extracts X X X X X X X X Extracts X X X X
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