REGISTRAR (JUDICIAL) Vs. STATE

JUDGEMENT

(1.) A letter from one Mrs.M.C.Gayathri, addressed to the Honourable Administrative Judge of this Bench was taken up as a writ petition suo motu.

(2.) Daughter of Mrs.M.C.Gayathri, sent a letter to this Court alleging commission of offence punishable under Sections 366 and 376 of IPC. It is stated in the letter that there was no proper investigation by the police and the actual culprits were spared. According to the complainant, the police are shielding the accused on account of their money power. Since the right to have a fair investigation is the basic right guaranteed to the citizens of this Country, this Court for the purpose ensuring proper, fair and impartial investigation in the matter relates to Cr.No.11 of 2018, on the file of the All Women Police Station, Kumbakonam, suo motu taken up the matter as a writ petition. There was some progress in the investigation, after this Court entertained the writ petition during the 2nd week of December'2018.

(3.) The matter was directed to be posted before the First Bench on 18.12.2018. On 19.12.2018, the fourth respondent filed a status report. In the status report, the Investigating Officer has referred to the statement obtained from the Medical Officers, who examined the victim on 08.11.2018 and 09.11.2018. Though the Investigation Officer would confirm the fact that the victim was raped on 07.11.2018 a further examination of the victim revealed the involvement of two other accused, who were not arrested. It is seen from the status report, dated 19.12.2018, that the mobile phone used by the victim and A1 and A3 were sent to the service provider for getting CDR/tower location details from 01.01.2018 to 14.11.2018. She also made a specific reference only about the conduct between the victim and A1. The conclusion reached by the Investigating Officer is that the victim girl was in contact with A1 before and after the occurrence. However, the call details in the mobile phones used by A1 to A3 and their locations at the relevant time of occurrence were not even verified or referred to in the status report.