PROSECUTRIX (MINOR) Vs. STATE OF M.P

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed seeking the following relief(s) :-

(2.) It is the case of the petitioner, that the prosecutrix has lodged an F.I.R. in Crime No. 87/2021 for offence punishable under Sections 376, 506 of I.P.C. and under Section 3(2)(va), 3(1)(w)(ii) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, on the allegations that since 18-12-2020 She is living in the house of Ganga Singh Bhadoria on rent. She is doing the household work of Ganga Singh Bhadoria. On 31-1-2021 at about 8 P.M., Aditya Bhadoria (Grand son of Ganga Singh Bhadoria) and his friend came to her room. She was raped by friend of Aditya Bhadoria, whereas Aditya Bhadoria was keeping a watch. While returning back, they extended a threat that in case if the matter is reported, then She will have to face dire consequences. It is submitted that F.I.R. was lodged on 31-1-2021 at about 23:50 and thereafter, the prosecutrix was illegally detained and her parents were also detained by the concerned police personals and the prosecutrix and her parents were subjected to cruelty. Therefore, the cousin brother of the prosecutrix filed a Habeas Corpus Petition which was registered as W.P. No. 2571 of 2021 and was disposed of vide order dated 9-2-2021 and the prosecutrix was permitted to go with her parents. The prosecutrix was produced before the Court below for recording of her statement under Section 164 of Cr.P.C., where also, She narrated the incident of beating. According to the Adhar Card, since, the prosecutrix was minor, therefore, She was deliberately sent to One Stop Center, Gwalior, though her parents were present.

(3.) It is the case of the petitioner, that She (Prosecutrix) and her parents were subject to harassment by the police and instead of providing shelter to the prosecutrix, the police personals are harassing her and her parents, thereby violating the fundamental rights of the prosecutrix to live with dignity. Accordingly, the petition has been filed seeking the above mentioned relief(s).