MURALEEDHARAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) CRL. R. P. No. 3304 of 2007 is filed by the State challenging the discharge of accused Nos. 7 and 8 in S. C. No. 79/2007 on the file of the Sessions Court, kottayam for an offence under Section 7 and punishable under Section 4 of the Kerala Prohibition of Ragging Act, 1998 ('the Ragging Act' for short ). Crl. R. P. Nos. 3800 of 2007 and 1052 of 2008 have been filed by accused nos. 7 and 8 respectively challenging the order passed by the Sessions Court below refusing to discharge them for the offences under the Indian Penal Code. THE PROSECUTION CASE

(2.) THE case of the prosecution can be summarised as follows: on 21-10-2005 at 4p. m. at Gandhinagar in Arpookara Village of Kottayam district, accused Nos. 1 to 6 (Ranjith Varghese, Sherin, Shafeek Yousuf @ Shafeek, ashly Varghese, Robin Paul and Divin Philip Perumal @ Divin) all of whom are 3rd year nursing students in the School of Medical Education at Gandhinagar, in furtherance of their common intention to rag and ravish Supimol (Charge Witness No. 2)who was a first year nursing student of the said institution situated on the northern side of the Gandhinagar - Panampalam Road, behaved in a disorderly and improper manner towards the said Supimol, who was descending the staircase from the 2nd floor of the said building. A-1 to A-6 ridiculed, humiliated, mentally tortured and thereby ragged the said Supimol from the staircase. Thereafter, A-1 to A-3 took her to the Histopathology Laboratory situated in the 1st floor of the school of Medical education and bolted the door from inside preventing her from proceeding in any direction. The 1st accused then forcibly administered a 'ladu' which was mixed with the drug called calmpose. Supimol who became physically and mentally exhausted was then taken and made to lie on the work - bench situated towards the southern wall of the said laboratory. Thereafter accused Nos. 1 and 2 ravished her and the 3rd accused outraged her modesty by squeezing her breasts and fondling her belly and caused physical harm to her. The 1st accused then criminally intimidated her by saying that if she divulged the occurrence to anybody they would pour acid on her face. Accused Nos. 4 to 6 were at that time guarding the Histopathology Lab from the staircase and nearby places to ensure that nobody else entered the said laboratory and thereby rendered aid and support to A-1 to A-3. Thereafter accused Nos. 7 and 8 who are respectively the Principal and Director of the said institution, in spite of getting complete information regarding the occurrence, refrained from conducting any enquiry according to law or from taking action by reporting the matter to the nearest Magistrate or the Police. The above conduct of accused Nos. 7 and 8 was to screen A-1 to A-6 from punishment and also to cause disappearance of the evidence of the offence which might have been obtained. Supimol, the victim was thereafter undergoing treatment in the psychiatry ward of the Medical College, Kottayam under the 9th accused, Dr. Saibunneesa Beevi. While so, with a view to conceal the offences committed by A-1 to A-6 and to screen them from punishment and also with a view to cause disappearance of the evidence, during the period from 30-10-2005 till 12-11-2005 accused Nos. 7 and 9 entered into a criminal conspiracy from the house of the 9th accused as also through mobile phones and caused disappearance of evidence by preventing a gynecological examination of the victim and by the 9th accused making corrections in the case sheet pertaining to the victim on 14-11-2005 to the effect that the victim had suicidal tendencies and had consumed an overdose of medicine on 6-11 -2005 with a view to commit suicide and that the victim girl was discharged from the psychiatry ward on 15-11-2005 whereas the girl had actually been discharged on 14-11-2005. Accused Nos. 1 to 6 have thereby committed offences punishable under sections 342, 354, 366 A, 328, 376 (2) (g) and 506 (ii) read with 34 IPC and section 4 of the Kerala Prohibition of Ragging Act, 1998. Accused Nos. 7 and 8 have committed offences punishable under Sections 201 and 202 read with 34 IPC and Section 4 read with Section 7 of the Kerala Prohibition of Ragging Act, 1998. Accused Nos. 7 and 9 have committed offences punishable under Sections 120b, 201, 202 and 218 read with 34 IPC. THE COGNIZANCE AND POST COGNIZANCE EVENTS

(3.) THE charge-sheet was filed by the Circle Inspector of Police, Kottayam east Police Station before the J. F. C. M. , Ettumannor on 18-1-2006. On 24-1-2006, the learned Magistrate took cognizance of the offences and registered the case as C. P. No. 3/2006. During the committal stage, the 1st accused moved the Magistrate for a direction to the investigating agency to subject the victim girl, Supimol as well as the 1st accused to brain Mapping, Polygraph and other scientific tests. The accused had also filed a petition before this Court seeking a direction to entrust the investigation with the Central Bureau of investigation (CBI ). The committal magistrate dismissed the application for scientific tests. Aggrieved by the said order, the accused filed Crl. R. P. No. 597/2006 before this Court. The request made before this Court for handing over the investigation to the CBI was turned down by this Court and was confirmed by the Supreme Court. In the meanwhile, as per order dated 2-6-2006, this Court disposed of Crl. R. P. No. 597/2006 directing the investigating agency to subject all the accused persons in the case as well as the victim girl to Brain Mapping and Polygraph tests. The report of the expert was directed to be filed before the Magistrate who in-turn was directed to consider this report along with other records during the committal proceedings and pass appropriate orders. Aggrieved by the said order passed by this Court both the State government as well as the father of the victim girl filed Special Leave Petitions (Crl.) Nos. 3609/2006 and 3356/2006 before the Hon'ble Supreme Court of India. After granting leave those S. L. Ps. were numbered as Crl. Appeal Nos. 106 and 107/2007 respectively. Subsequently, as per common order dated 23-1-2007, the apex Court set aside the order passed by this Court and directed that the committal proceedings be expedited. During the course of the order the Apex Court observed as follows: