JURA LUGUN Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) Petitioner-Jura Lugun, an uneducated adivasi seeks a writ of habeas corpus against respondents for production of his daughter Kumari Somari stated to be illegally confined by respondents 4 and 5. Petitioner alleges that his daughter aged around 17 years had come to Delhi in January, 2001 for employment. She got employed as a domestic help with respondent no.4.

(2.) Petitioner alleges ill treatment of his daughter, rape of her person by respondent no.4 resulting in impregnation and non payment of her salary. Petitioner alleges that his daughter was sent by respondent no.4 to respondent no.5 and his daughter in Allahabad. Petitioner avers that he is desirous of taking his daughter with him to his native village and of marrying her but she continues to be illegally detained by respondents 4 and 5.

(3.) Notice was issued. Respondent nos.1 and 2 were directed to investigate the matter and produce Somari on the next date. Respondents 4 and 5 were present along with Somari. Petitioner was not present. Complete medical examination of Somari was directed to report whether she is habituated to intercourse and whether she had been through an abortion following pregnancy. We had also spoken to Km.Somari in chambers. Statement of respondent no.4-Shri Krishan Kumar Gupta was also recorded on 23rd May, 2006.