New Delhi: Taking a serious view of a
barbaric act, the Supreme Court today sought response from
three police personnel as to why they should not be awarded
life sentence for chopping off the penis of a man in the
"How can you chop off the penis of a man? It is such a
barbarian act. There is a limit even to nonsense. There is
something called civilized behaviour," a Bench of Justices
Markandeya Katju and T S Thakur observed, while dealing with
the CBI`s plea for enhancing the sentence of the accused
The Bench rejected the argument of the accused Kishore
Singh, a constable with the Barmer Police station, in
Rajasthan`s Barmer district that there was no evidence to
establish their guilt.
"You are all policemen. You have chopped of the penis
of a man after bringing him into the police station. How do
you expect some independent witness to speak against you
policemen," the Bench asked.
The apex court further said that policemen cannot be
allowed to go unpunished with such brutality.
"Just because you are policemen you can`t do like
this. Today you will chop off somebody`s penis, tomorrow you
will chop off someone`s head. You can go to any extent. There
has to be a strong and deterrent punishment," the Bench
observed, while asking the accused policemen to file their
counter affidavits on the CBI`s plea for enhanced punishment
to the accused.
It is the case of the CBI that in 1994 three
policemen--SHO Sohan Singh, ASI Sumer Dhan and Kishore Singh
took the victim Jugat Ram, an employee with a businessmen to
the police station and chopped off his penis after subjecting
him to torture.
The police personnel, it was alleged, committed the
gruesome act at the instance of the employer Bhairav Singh as
the victim had developed illicit relationship with the
latter`s wife and daughter.
The victim during the trial also admitted to the
illicit relationship with his employer`s wife and daughter.
The trial court awarded life imprisonment to all the
three policemen under Section 326 IPC(causing grievous hurt).
However, on an appeal from the accused, the Rajasthan
High Court acquitted Sumer Dhan and Sohan Singh, on the ground
that there was no evidence against them, while reducing the
sentence of Kishore Singh to four years.
Aggrieved by the lenient approach adopted by the High
Court, the CBI has appealed in the apex court.