GOPAL GUPTA Vs. STATE OF U.P.

JUDGEMENT

(1.) In the present case a Judicial Officer, of the rank of Additional Civil Judge, residing in well protected residence provided to her in the high security Judges' compound, at Aligarh an area protected under 24 hours police surveillance, has come up with the case that in the intervening night of 02.06.2014, at 12.30 pm, she has been subjected to rape by two of her relatives.

(2.) First information report of the said incident has been lodged by her brother Dheeraj Jindal and same has been registered as Case Crime No. 633 of 2014, under Section 458, 328, 354, 376, 323, 324, 307 IPC, Police Station Civil Lines, District Aligarh. On the said FIR in question being lodged against two persons who have been named as accused in the aforesaid case, they have rushed to this Court complaining therein that it is impossible to conceive of a situation that a judicial officer residing in high security area under 24 hours consistent surveillance of police has been subjected to rape. No one has witnessed the incident in question but for the lady in question. It is being asserted that this is a glaring case wherein lodging of FIR is being used as weapon for vengeance to harass the petitioners by all means fair and foul by a lady judicial officer and the local machinery is alive to the situation that the incidence in question is farce and a pretence but as complainant is a judicial officer with closed mind one sided investigation is being carried out without caring to investigate the other side of the story that here a judicial officer has intentionally fabricated evidence of rape whereas no rape has occurred for using the same as weapon of vengeance to harass and victimize the petitioners.

(3.) Petitioners have also submitted that law that has been framed for protecting the rights of women, in the present case has been misused with impunity and thus, the very purpose for strengthening of law for protection of women has been frustrated in the peculiar facts of the case and this Court should come to the rescue and reprieve of the petitioners, as it is duty of the investigating agency and the Court, at the end of the day, to find out the real unvarnished truth.