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 any 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 in-laws 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 over-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.) I am constrained to remind the investigating agency of its responsibilities, for, it has failed in its basic tenets. Case dairy and statement of Circle Inspector, do not commend confidence. Even the certificate issued by Dr. Mohan Kumar belongs to the same ilk. After writing that certain injuries were noticed, the word 'not' is introduced. This does not look like the correction of an innocuous mistake. By mistake a doctor is not likely to note the opposite of what he noticed.