The Allahabad High Court on Tuesday acknowledged the arrest of a police station gang-rape victim only after three months of the alleged incidence and that only after an intervention by the Court, the State Police were brought up for lodging the FIR. The Judges' bench Shashi Kant Gupta and Pankaj Bhatia ordered the police on Wednesday to bring this girl to court. The bench also asked the SSPM, Pyagraj, to appear on Wednesday at the Court the current SHO of the police station concerned and the former SHO, which is now suspended.
Smt. Kunti, the Mother of the Girl (Victim), has submitted a personal affidavit claiming that since 16.10.2020, the police have been detaining the girl (victim) at the Police Station. The police have claimed that the petitioner's family is not enabling the victim to visit, said the division bench on Tuesday.
Even the Additional Advocate General sought to respond for 24 hours. The bench on Wednesday ordered the matter as a fresh case to be put to 10 a.m., asking the police to deliver the girl before itself by 21.10.2020, in addition to calling on the above-mentioned police officials to meet.
The Bench had stated on October 15 that the petitioner- the victim had been compelled to sprint from one column to another to report the FIR for gang rape. The present appeal illustrates the laxity shown by police officers in initiating the criminal justice system. The bench had reported that, on 11.7.2020, the present petitioner claimed she had been assaulted by four people and attempted the first report but that the FIR had not been submitted. The petitioner claims on 22 July 2020 to have sent a letter to the Senior Police Superintendent Prayagraj to emphasize that the FIR is not reported despite the attempts.
The Court had sought guidance from the Standing Counsel for a video order of 12.10.2020. In his declaration of 14.10.2020, the Standing Council accepted that the petitioners had forwarded a complaint dated 23.7.2020 to the SSP. The directives suggested that the SSP submitted that report to the police station concerned for further action.
Following the directions specified, an argument has been made under sections 376-D, 392, 328, 504, 506 of the FIR on 13,10.2020. Following these directions, it is also noted that the petitioner's declaration was reported in compliance with Article 161 of the Cr.P.C. 14.10.2020 and Section 164 Cr. P.C. declaration soon to be registered.
The medical-legal examination report of sexual assault has been requested, and the prosecutor's medical evaluation was announced on 14.10.2020.