20 August,2016 09:02 AM IST | | Samiullah Khan
After a magistrate judge granted polio-affected Malwani resident Mungesha Singh bail in a counter-assault case filed by her attackers, officers in-charge were instructed to escort her back home
The magistrate court on Friday did not take kindly to the cops' decision to arrest a polio-affected woman, Mungesha Singh and her husband Kundan Singh on charges of molestation and assault. In fact, after granting them immediate release, the magistrate instructed the police officers to personally escort the 34-year-old woman to her house.
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Mungesha being carried by her husband Kundan. Pic/Arjun Kamble
The incident
According to sources, the issue cropped up when Singh, a driver by profession, was outside a paan shop near their home in Malwani, smoking, while three people - Panchu alias Sufyan, Javed alias TV, and Guddu - were squabbling with someone. Singh was standing on the side, but before long, the three men had started attacking him too. Mohammed Iqbal Agwan, who was also at the scene, attempted to intervene and stop them, but the three men turned on him as well.
Mungesha says, "On July 11, I heard the noise outside my house and came to see what it was. I am unable to walk, but I managed to reach there and tried to save my husband. However, the trio then started assaulting me. First, Sufyan slapped me and then Javed started kicking me on my chest and abdomen. In the meantime, Guddu started dragging me by my clothes and only let go when they started tearing."
FIR first
However, their ordeal had only just begun. When the three assaulted victims, the Singhs and Agwan, approached the Malwani police at 9.30 pm, the police refused to register their complaint. Mungesha though, stuck to her ground and waited for hours at the police station before they began proceedings at 4 am and booked the three accused under sections 354 (Assault or criminal force to woman with intent to outrage her modesty), 323 (voluntarily causing hurt), 324 (Voluntarily causing hurt by dangerous weapons or means), 504 (prohibits discrimination based upon disability), 506 (Punishment for criminal intimidation) and 34 (Acts done by several persons in furtherance of common intention) of the IPC. By the time they were done, it was 9 am next day. This entire time, their assaulters were roaming free, Mungesha alleges.
Counter claim
According to her, on July 12, the three were summoned again by the police and informed that the opposite party had also registered an FIR against them and despite her best attempts to explain that she had been at the police station all of the night before, they were asked to come in on July 13. They were then placed under arrest on the same charges as those invoked against their assaulters.
"The judge was extremely kind-hearted and acquitted me immediately. He also rebuked the police officer and asked him to show humanity towards a physically handicapped person," Mungesha said.
Swati Yadav, advocate of the victim, said, "My client is unable to walk, but the Malwani police booked and arrested her. Even the judge was angry with the police officers for the way they handled it and she was immediately released on a personal bond."
Police says
Senior police inspector Milind Khetle from Malwani police station said, "We have registered two cross cases in which the lady is complainant, and another where she along with her husband and one more person are accused. After giving notice, they were arrested and produced before the court."
