REKHABEN Vs. STATE OF GUJARAT

JUDGEMENT

(1.) On 22.01.2019, this Court has passed following order:­ "1. This petition is filed to lodge First Information Report. Although application has been given to the Police Inspector, Gadh Police Station on 01.01.2019 till date, no FIR has been lodged. Petitioner has approached this Court to direct the officer to lodge the FIR in view of the judgment in case of Lalita Kumari V/s. Government of Uttar Pradesh and Ors. Reported 2014 (14) 2 SCC 1.

(2.) This Court has heard learned advocate appearing for the petitioner who has urged that despite further request, no FIR has been lodged so far. He further has urged that father of the petitioner is simply a guard and has no means for lodging the FIR. She is victim of gang rape and has suffered for more than four months, as has been narrated in the complaint itself.

(3.) Before this Court issues direction to lodge the FIR and as referred in the case of Delhi Domestic Working Women'S vs Union Of India And Others reported in 1995 1 SCC 14 which was an incident where members of Delhi Domestic Working Womens visited victims of gang­rape who were traveling in the train, they were gang raped unfortunately by the army personnels. When they were visited at the police station, it was realized that victims were helpless belonging to the State of Bihar, with no assistance. In this factual background, the Apex Court has pointed out the defects of the system, stating therein that the complainant was roughed up and no attention was paid to her complaint. The Court referred Writer Kelly and recored that most common cries were for more compensation and personal treatment from police officers.