AMBIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) Ambika, 19 year old harijan girl has approached this court invoking our inherent power to direct the State to cause investigation into an allegation of rape. I refer only to a thumb nail sketch of allegations, lest anything stated herein may influence courts which may have occasion to deal with the allegations, on a future occasion.

(2.) Petitioner would say that on 13-10-1987, while she was alone at home, attending to household chores, two men came and enquired if her husband or inlaws were present. When she replied in the negative, they entered the house, bolted from within, and desired to have carnal knowledge with her. To this course, she was not amenable. Upon this, they pushed her down, ripped off her clothes and raped her, without her consent and against her will. She resisted, but was ever-powered. Their task accomplished, the intruders left. When her relatives returned, they found her in a state of stupor, dishevelled and clothes in disarray. When her husband asked her what had happened, she told him that she had been "ruined". A report was made to police.

(3.) According to petitioner, on a later day, she and her brother saw one of the two men in the market place, gathered his name and identity as Sukumar alias Dharmarajan and informed the police. Later she knew that the other was Rajan and made a report accordingly. Police turned the Nelson's Eye, and she would say they did not even collect the slides and swabs taken by Dr. Mohan Kumar who had examined her. It is her further case that owing to political clout of the suspects, police machinery was muted and muffled. On these allegations, she has petitioned this court.