Allahabad High Court observing the laxity of Police has directed to produce the Gang Rape Victim in Court.
Despite approaching the police, no action was taken by the authorities.
Brief Facts of the case are as follows:-
As per the account of the petitioner, she was gang-raped by four people on 11.07.2020. She tried to lodge an FIR, but her FIR was not lodged.
On 22.07.2020 she submitted an application to the SSP, but no action was taken neither was her FIR lodged.
She again approached the Senior Superintendent of Police on 23.07.2020 and made an application, but still, an FIR was not registered.
When all her efforts failed, she approached the High Court of Allahabad on 30.07.2020.
When the Court asked the Standing Counsel about the issue, the Court was informed that a complaint dated the Senior Superintendent of Police received 23.07.2020 and it was forwarded to Phoolpur Police Station.
It was further informed to the Court that an FIR had been lodged under 376-D, 392, 328, 504, 506 IPC and the statement of the victim has been recorded as well.
The Court was also informed that the medical examination of the victim was done on 14.10.2020
Further the Hon’ble Court opined that prima facie, the police have failed to take action as was expected of them.
It was also observed that due to the laxity of the authorities, prosecution’s case might get seriously affected.
The Court further observed that the responsibility for the laxity should be fixed on the Senior Superintendent of the Police, Prayagraj and SHO, Phoolpur Police station and they were ordered to appear before the Court on the next date of hearing.
Proceeding Before the Court
During the hearing held on 20.10.2020, the SSP and the SHO filed their affidavit in the Court.
In her affidavit, the mother of the victim informed the Court that the victim had been detained in the police station since 16.10.2020 and the police were not letting the victim meet her family.
Learned Counsel for the respondent-state sought a time of 24 hours to file a reply to the affidavit filed by the mother of the victim.
Produce the Gang Rape Victim
Hon’ble Court directed the police to produce the victim before them on the very next day(21.10.2020). The mother of the victim should also be present along with the victim.
The Senior Superintendent of Police, Prayagraj, Station House Officer, Police Station Phoolpur, District Prayagraj and erstwhile Station House Officer, Police Station Phoolpur, District Prayagraj, who was suspended, shall appear today before the Court.
Title: Raj Kumari vs State Of UP And 2 Others
Case No. WRIT – C No. – 15531 of 2020
Date Of Order:20.10.2020
Coram: Hon’ble Justice Shashi Kant Gupta and Hon’ble Justice Pankaj Bhatia