JWALA DEVI Vs. SUB INSPECTOR BHOOP SINGH

JUDGEMENT

(1.) This is an application under Art. 136 of the Constitution and is directed against the order of the Delhi High Court in Criminal Writ Petition No. 370 of 1987 dismissing it by saying:-

(2.) The petitioner alleged that the respondents entered into her house in the afternoon of 15th of July, 1987, and physically assaulted her, subjected her to torture in various ways and even outraged her modesty and paraded her in the street after rubbing black shoe polish on her face. The allegations made in the writ petition were seriously disputed and the High Court found it difficult in the face of such challenge to come to any conclusion and, therefore, relegated the petitioner to any other proceeding. This order of the High Court has been assailed in this application for special leave.

(3.) By order dated 2-5-1988, this Court required the Sessions Judge of Delhi either by himself or through an Additional Sessions Judge under his control to hold an inquiry into the allegations made in the petition and after ascertaining the correctness of the facts to make a report to this Court. The Inquiry Judge was authorised to receive evidence. After some adjournments granted by this Court, the report dated 1st of October, 1988, was received from Shri K. P. Verma, Additional Sessions Judge, Delhi. Several witnesses were examined before him on either side and a good number of documents were produced. After discussing the material in a somewhat mechanical manner, the learned Inquiry Judge came to the conclusion that the 'petitioner appears to have made a hill out of a mole-hill'. On readintg the report, we formed the impression that the approach of the, Inquiry Judge was negative and the mechanical manner in which he made his assessment was perhaps not the right way to treat the matter. With a view to assuring ourselves that the cause of justice does not suffer we required Mr. Bana, counsel for the petitioner to place before us the entire material which was available to the learned Additional Sessions Judge, and an analytical submission by counsel. That has been done and we have looked into the papers.