KU RAJNI KHARE Vs. STATE OF M P

JUDGEMENT

(1.) PETITIONER , a young girl of 18 years, has come to this Court. According to police she was victim of rape under Section 376, IPC and two of the accused persons committed rape, she came out of a house, intercepted by Rickshawala, then police squad party also reached the spot, took the young girl Rajni Khare to the police station, report was reduced in writing, then the sad story commences.

(2.) I refrain from discussing the facts and merits of the case so far as commission of offence of rape is concerned. There is allegation by petitioner that case is false. Counter allegation that case is correct. This Court confines the scope of the writ petition to detention part of petitioner and refrain to comment on the investigation under Section 376, IPC as challan has already been filed before the Competent Court and sessions trial is pending before the learned Addl. Sessions Judge. Facts as regards to commission of offence of rape and whether petitioner has been victimized by the rapist is to be seen by the Criminal Court concerned.

(3.) PETITIONER submits that on 8 -9 -2002 she was taken to the police station by the Station Officer Incharge/respondent No. 4, Police Constable Shri Raju Bisen along with another constable in a Jeep from her house. Thereafter facts are narrated that report of the offence under Section 376, IPC was recorded, petitioner was required to sign on the documents. I leave that part for decision to the Competent Criminal Court.