GANESAN Vs. HOME SECRETARY

JUDGEMENT

(1.) THE petitioner is a convict for the offence punishable under Sections 366 and 376 IPC and undergoing imprisonment in the Central Jail, Vellore. It is alleged that when his wife Nadhiya, aged 25 years, the detenue herein, used to visit the prison to see him, respondents 7 to 10 befriended her. His further allegation was that the eighth respondent after the detenue's visit to the jail on 15.11.2007, took her on a bike to his residence, respondents 7, 9 and 10 went to the residence of eighth respondent, gave a cool drink to her and thereafter, she was forcibly subjected to gang rape by respondents 7 to 10 and the same was informed to the petitioner, when she visited him on 3.1.2008.

(2.) ACCORDING to the petitioner, he lodged a complaint on 15.1.2008 to the second respondent. Since the detenue did not visit him thereafter, suspecting danger to her life and person, he made a further complaint on 24.1.2008 and following the same, the petitioner filed the above petition seeking production of the detenue before this Court and set her at liberty.

(3.) PURSUANT to the orders of this Court referred to above, respondents 1 to 4 took untiring efforts to search the detenue, basically to erase the apprehension as to the danger to the life and person of the detenue and of course, to remove the stigma cast on the uniformed force by the impugned allegation, and have successfully secured the detenue and produced her before this Court on 22.2.2008. However, they sought further time to file a detailed report today.