T SAJINA Vs. STATE OF KERALA

JUDGEMENT

(1.) Is the dictum in Sakiri Vasu v. State of U. P. (AIR 2008 SC 907, in conflict with the earlier decisions in S. N. Sharma v. Bipen Kumar, AIR 1970 SC 786, State of Bihar v. J.A.C. Saldanna, AIR 1980 SC 326 and State of West Bengal v. Sampat Lal, AIR 1985 SC 195. Does Vasanthi Devi v. Sub Inspector of Police (2008 (1) KLT 945 require reconsideration These questions are raised by Advocate A. X. Varghese before me in this Writ Petition with vehemence,

(2.) Petitioner claims to be the unfortunate victim of an instance of gang rape. In respect of the crime committed against her, Crime 273 of 2007 of Payyannur Police Station has been registered under Section 376(2) IPC. She had allegedly undergone this trauma while she was pregnant. A series of instances took place between the second week of April, 2007 to the end of April, 2007. The petitioner is a married woman, aged about 19 years. She lives with her husband. The husband in connection with his employment was obliged to be away from home on several days. It is alleged that several persons 17 accused persons have been arrayed by now, have committed the offence of rape/ gang rape against her during this period. She could not muster courage to lodge a complaint until long later when she was constrained to break down in front of her husband and reveal all the details to him. The crime was registered on 30-6-2007. Investigation is in progress.

(3.) The allegations raised include allegations against influential persons in the political field. There is also allegations that the wives of some of the accused had also actively taken part in the perpetration of the offence of rape against the petitioner.