LAWS(UTN)-2018-8-51

REENU SAINI Vs. STATE OF UTTARAKHAND & OTHERS

Decided On August 29, 2018
Reenu Saini Appellant
V/S
State of Uttarakhand and others Respondents

JUDGEMENT

(1.) The petitioner's nephew was a victim of sexual assault, aged about 16 years. The case was registered against respondent No. 5 under the Protection of Children from Sexual Offences Act, 2012 (in short "POCSO Act") and I.P.C. The First Information Report, bearing FIR No.0351 of 2018 was lodged on 24.07.2018 under Sections 354 and 506 of I.P.C. as well as under Sections 7 & 8 of the POCSO Act against the respondent No. 5.

(2.) Respondent No. 5 approached this Court by way of WPCRL No.1457 of 2018, wherein, the interim relief was granted to him. Immediately thereafter, he started threatening the victim and her family members. The pressure was mounted on the family to drop the proceedings against him.

(3.) Respondent No. 4 is the Investigating Officer of the case, who is posted as the Sub-Inspector, Kotwali Gangnahar Roorkee, District Haridwar. According to the averments made in paragraph no.11 of the writ petition, he is also mounting the pressure on victim's family to withdraw the criminal proceedings against the respondent no.5. Resultantly, the petitioner was also constrained to make a representation before the respondent No. 2 i.e. Senior Superintendent of Police, Haridwar on 20.08.2018 seeking protection for her life and liberty.