Chamkaur Singh v. Sandeep Singh And ORS.

9.

Complaint version, as given in the impugned order Annexure P-1, is that two police officials (named in the complaint as Kulwant Singh ASI and Mohinder Singh Constable P.S. Raman respondents No. 2-3 and Sandeep Singh respondent No.1 forcibly took the complainant's son Pradeep Singh from his School to the house of Sandeep Singh respondent No. 1 where they physically assaulted him.

9.1 The learned trial Court observed that there was no medical evidence of beatings given to the latter and the complainant did not lodge any complaint with higher authorities against the refusal/failure of the local police to register his FIR. The learned Additional Sessions Judge observed that respondents No. 2 and 3 were public servants and it was highly improbable that they would take law in their hands; that no teacher of the school of Pradeep Singh had been examined to corroborate the version of the complainant; that contradictory statements had been made by the complainant witnesses, which made the entire story doubtful. 9.2 To me, it seems patently unbelievable that the accused would have abducted Pradeep Singh from his school in broad daylight, where the School staff and large number of students were then present, as if they were knave enough to create evidence against themselves. If, as alleged, the accused had

brought Pradeep Singh to the house of Sandeep Singh and given him beatings there, in all likelihood, the complainant and his wife would have raised hue and cry and the neighbourers would have also come out, seen and known of these happenings. Still no such person has been named or examined to corroborate the complaint version. The story set up in the complaint thus seems inherently improbable. This being the position, no fault can be found with the impugned order passed by the learned Magistrate dismissing the complaint, as affirmed by the learned Additional Sessions Judge.