CW-2000-0010Patna, BiharJudgment 11 January 2000

Bihar Police Constable vs State of Bihar and Others

The judgment of the Patna High Court records the following account. On 4 July 1992 at about 11.30 p.m. at Patna Junction, constable with other constables allegedly kidnapped and raped a woman, leading to G.R. No. 8231/92 under Sections 363, 366, 376 and 376/34 IPC; he was acquitted in Sessions Trial No. 95/92 on 15 January 1994 after the key witness turned hostile. Departmentally he was proceeded against on the rape charge plus dereliction of duty, unauthorised absence and insubordination, and dismissed on 5 December 1994 after a supplementary inquiry, with his appeal rejected on 28 June 1995. The Patna High Court (S.J. Mukhopadhaya, J.) held the inquiry findings were not perverse, that police witnesses including identification evidence supported the charges, and that criminal acquittal on hostile and formal witnesses confers no benefit in departmental proceedings. The writ petition was dismissed on 11 January 2000. The 2000 judgment names the victim; her name is withheld here under BNS s.72 (IPC s.228A). Matters not addressed in the cited judgment text are not recorded here.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 11 January 2000 in C.W.J.C. No. 8566 of 1998, the Patna High Court (Coram: S.J. Mukhopadhaya, J.) upheld the disciplinary action taken against the Constable, Bihar Police.

Register number
BR 01 CW 0002
Case reference
C.W.J.C. No. 8566 of 1998 / 2000(2)BLJR846
Court and date
Patna High Court (Coram: S.J. Mukhopadhaya, J.), 11 January 2000
Officer(s) at the material time
Constable, Bihar Police
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 363 of the Indian Penal Code, 1860; Section 366 of the Indian Penal Code, 1860; Section 376 of the Indian Penal Code, 1860; Section 376/34 of the Indian Penal Code, 1860
Finding of the Court (extract)
“In absence of witnesses/evidences, if the petitioner was acquitted in the criminal proceeding, he cannot derive any benefit of the same in the departmental proceeding, wherein the named witnesses appeared and supported the case of prosecution.” (at para 11)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Patna High Court judgment dated 11 January 2000 is the concluded position shown in the cited sources.

Recorded allegations

1
Custodial torturePrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“In absence of witnesses/evidences, if the petitioner was acquitted in the criminal proceeding, he cannot derive any benefit of the same in the departmental proceeding, wherein the named witnesses appeared and supported the case of prosecution.” (para 11)

Institutional response

1
11 Jan 2000

Order issued

Concluded
Patna High Court External · Binding

The Patna High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: 2000(2)BLJR846
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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