X Vs. STATE OF NCT

JUDGEMENT

(1.) THE petitioner in this writ proceeding seeks directions and also claims compensation from the respondents for its failure to protect her fundamental rights, for the delay in investigating the crime committed on her and in bringing the perpetrator to justice.

(2.) THE petitioner avers that, on 14th September, 2005 she went to Safdarjang Hospital, New Delhi along with her sister-in-law for the latter's medical treatment. After leaving the patient, her sister-in-law at room No. 555 on 5th floor for a blood test, the petitioner went to the toilet on the same floor at about 1130 hrs. She went inside the toilet hall and while approaching the toilet room inside, the perpetrator aged about 28-30 years wearing red shirt, dark blue jeans and sport shoes pushed the petitioner towards the wall and threatened her with dire consequences if she opposed him. It is averred that the petitioner was nervous and scared after she was trapped inside the toilet and threatened using a knife. The accused then took away her gold chain and thereafter forcibly disrobed and raped the petitioner. After sexually assaulting her, the accused bolted the toilet room from outside and fled. She avers that after regaining composure, she wore her clothes and raised an alarm by banging the toilet door. Someone heard her cries and opened the door. The petitioner narrated the whole episode to a person, whom she thought was a hospital staff member posted on the first floor, and he claimed that he had seen a person in red shirt and blue jeans, but thereafter he did nothing to help her.

(3.) THE petitioner thereafter, represented repeatedly to various authorities, including National Human Rights Commission, Chief Minister of Delhi, etc. In the representations she had stated that the case was not being investigated properly and that her report was not properly recorded. It was also stated that no medical report was given to the petitioner, nor was she informed about the developments in the case and that a lady constable of the Sarojini Nagar Police Station went to meet her and posed as Member of the National Commission for Women. The petitioner also alleges that the wrong person was arrested, despite her protestations and that the overall conduct of the investigations by the second respondent is indifferent and apathetic. She claims to be suffering from trauma arising out of the incident, even now. It is further averred that the petitioner was not provided with any legal assistance, and that this was is in violation of the orders of the Supreme Court. She alleges to suffering from severe depression and is under a lot of mental stress.