Among the key testimonies in the CBI case that led to the conviction of eight Himachal Pradesh (HP) Police officials, including former IG ZH Zaidi, one significant statement came from Dinesh Kumar, a constable stationed as a sentry at Kotkhai police station.
During his examination-in-chief, Dinesh claimed that Manoj Joshi, the then DSP of Theog, had made a shocking statement about Suraj Singh, one of the accused in custody. However, during cross-examination, Dinesh was confronted with his earlier statement under Section 161 of the CrPC, where such remarks had not been recorded. He admitted that he had not previously documented the exact words attributed to Joshi.
Despite challenges from the defence, which argued inconsistencies and alleged tutoring by the CBI, the court upheld the credibility of the witnesses. The court noted that extensive cross-examinations had failed to shake their core testimonies. It also observed that given the time gap since the 2017 incident, minor discrepancies were understandable.
What happened on night of Suraj Singh’s death?
According to the court’s judgment, Dinesh was on general duty at Kotkhai police station from October 2016 to July 2017. On July 18, 2017, while assigned as sentry from 9 pm to midnight, he witnessed the arrival of three suspects—Subhash, Rajinder Singh alias Raju, and Suraj Singh—from Jubbal police station.
At around 11:45 pm, Dinesh saw the SHO and other accused officials bringing Suraj Singh downstairs in an unconscious state, claiming he had fainted during interrogation and needed to be taken to a hospital. Later, Dinesh testified that DSP Theog instructed the SHO to stay calm and portray Suraj Singh’s death as a result of an attack by fellow inmate Rajinder Singh alias Raju.
The next day, the SHO told Dinesh that an FIR would be registered based on his statement and pressured him to declare that Suraj had been killed by Raju. When Dinesh later met IG Zaidi and narrated the incident, constable Vipan took his signature on a complaint, which he signed under fear and confusion.
Attempts to cover up the incident
On July 20, 2017, Dinesh was summoned to Theog to record his statement under Section 176 of the CrPC. Before giving his testimony, he met DSP Joshi, who allegedly pressured him to claim that Raju had killed Suraj Singh. Between July 20 and July 23, 2017, Dinesh received multiple phone calls from the SHO urging him to provide a statement that would protect the accused officers. Recognising the manipulation, Dinesh began recording these calls.
In one of these recorded conversations, the SHO allegedly told Dinesh that IG Zaidi and DSP Joshi had assured him that they could “manage” the CBI inquiry, further exposing the extent of the cover-up attempt.
Testimonies of custodial torture
Rajinder Singh alias Raju, initially booked for Suraj Singh’s murder, testified about brutal police torture. He claimed that he, Suraj, and other detainees were beaten with sticks, subjected to a stinging nettle plant (bichoo butti), and hung upside down to force confessions.
Raju, initially considered a suspect in the case of a minor’s rape and murder, was later cleared by the CBI. The CBI investigation found no evidence linking him, Suraj, or other initial suspects—Subhash, Rajinder, Lokjan, and Deepak—to the crime. Eventually, a Shimla court convicted a man named Anil for the minor’s rape and murder.
Verdict
The CBI court’s 364-page judgment solidified the conviction of eight police officials, including high-ranking officers. The case underscored systemic abuse of power, custodial torture, and attempts to manipulate legal proceedings to protect those in authority.
While the judgment provides a sense of justice, it also raises concerns about institutional failures within law enforcement agencies. The case serves as a stark reminder of the need for stringent safeguards against custodial violence and the importance of upholding human rights in the criminal justice system.