VIRENDRA SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) AS directed on 28.7.1995 Rachna has been produced by the Superintendent, Nariniketan, Mathura. I have ensured by putting preliminary questions to her that she is not under any fear in the court room and I have also ensured that Virendra Singh Yadav and Balvir Singh are not present in the court room. In fact, I have requested everybody else other than the learned counsels (not only of this case but every other) and my office staff to be outside court -room when the examination of Rachna is taken up. The Superintendent of the Nari Niketan Mathura and the police officials who had accompanied Rachna as also the police officials called for to keep peace in the court are also kept outside court -room. Rachna has appeared with a baby in the lap and from her physical appearance who appears to be in the family way. I examined Rachna and her statement is recorded in the question -answer form. She speaks in Hindi and I am translating the same myself in English. The statement of Rachna recorded as above is on a separate sheet which shall form a part of this case.

(2.) AFTER recording of the statement Rachna is directed to go to the chamber of my private Secretary accompanied by the Superintendent of the Nari Niketan and escorting lady police officer. The matter will be heard in the second -half.

(3.) WHEN the matter is resumed after recess, two applications have been filed on behalf of Balbir Singh, one for bringing on record certain documents touching the stage of the proceeding before the court below and another with a prayer for custody of the girl. An application has been filed by the applicant. Virendra Singh also contending that sufficient moral pressure was put upon the girl to made the statement at the instance of her father and the Superintendent of the Nari Niketan was aiding with the father of the girl and she has been flouting the court's order by not complying with it although a copy of the same was served on her. The Superintendent, Nari Niketan, Mathura, is directed to explain her conduct for any such non -compliance in writing within a week from today.