JUDGMENT

MOHAN, J.: - Pursuant to our order dated November 16,1993, the District Judge of Bareilly has submitted his report. Mr. R.S. Sodhi, learned counsel for the petitioner and Mr. A.S. Pundir, learned counsel for the state of Uttar Pradesh perused the reports.Mr. R.S. Sodhi would submit that erring Police officers should be prosecuted and compensation should be given to such of those who have been illegally detained and suffered humiliation at the hands of the police.

2. Learned counsel for the State, through was present on an earlier occasion did not choose to appear inspite of the matter having been passed over twice.

3. We have carefully perused the report.we are appreciative of the good work done by the learned District Judge. He had held a thorough inquiry by examining several witness to arrive at the truth. In our considered opinion the report is a fair one and deserves to be accepted. It is accordingly accepted.

4. The report in no uncertain terms indicts the police. It inter alia states:

"On a careful consideration of all the evidence on record in the light of the surrounding circumstances I accept the claim of Nidhi that she was tortured by the police officers on 24th,25th and 26th July, 1993. On 24-7-93she was pressurised by J.C. Upadhyay S.H.O., Sukhpal Singh, S.S.I. and Narendrapal Singh S.I. and threatened and commended to implicate her husband and his family in a case of abduction and forcible marriage thereafter. She was threatened with physical violence to her husband and to herself in case of her default and when she refused her family members were brought in to pressurise her into implicating them. On 25th July 1993 she was jolted out of sleep by Sukhpal singh S.S.I and made to remain standing for a long time. She was abused and jostled and threatened by J. C. Upadhyay, Sukhpal Singh and Narendrapal singh with injury to her body if she did not write down the dictated note. Sukhpal Singh SSI even assaulted her on her leg with Danda and poked in her stomach. She did not yield to the pressure. Then, on 26-7-1993 she was given fifty abuses and threatened by J.C. Upadhyay and Sukhpal Singh for writing a dictated note. She was pushed and jostled by them both.Sukhpal Singh S.S.I hit her with a Danda on her leg and made threatening gestures aiming his Danda on her head. Ultimately they both succeded in making her write a note dictated by them whose contents were those which were incorporated by the investigating officer in his case diary as her statement under Section 161, Cr.P.C. Thereafter on 27th July she was purported to be taken by K.C. Tyagi to the Court for the recording of her statement under section 164, Cr.P.C. but was taken by J.C. Upadhyay, S.H.O. to Chauki Chauraha Police outpost and kept there and brought to the police station and kept there. She was despatched from the Nari Niketan only at 5 P.M. when A.C.J.M. II had passed orders for Nidhi being kept at Nari Niketan Bareilly K.C. Tyagi I.O. was under obligation to take her from Court to Nari Niketan straightway without any delay whatsoever but she was brought back to the police station and lodged there and only afterwards she was despatched from there for Nari Niketan. Then on 29-7-93 while being taken to the Court for the recording of her statement under section 164, Cr. P.C. Nidhi was brought from Nari Niketan to the police station and there J.C. Upadhyay S.H.O. commanded her to speak that wick he had asked her to speak and if she did not make her statement accordingly and went with Charajit Singh then She would not be spared by him and he would ensure that she underwent miserable life time. He further told her that if she cultivated enmity with the police its consequences were only too obvious. So the torture extended up till 29-7-93. Torture is not merely physical, there may be mental torture and physchological torture calculated to create fright and submission to the demands or commands. When the threats proceed from a person in Authority and th