ARATI MAJHI Vs. STATE OF ODISHA

JUDGEMENT

(1.) IN this revision the petitioner assails the order dated 13.6.2011 passed by learned J.M.F.C., R.Udayagiri in M.C. No.15/2010 dropping the petition filed by her father, Dakasa Majhi, under Section 176(1 -A) of the Code of Criminal Procedure, 1973 (hereinafter referred to as the "Code" for brevity).

(2.) THE petitioner happens to be the alleged victim (name withheld). The father of the petitioner in his petition under Section 176(1 -A) of the Code alleged that on 12.2.2010 at about 4 A.M. in the night while Special Operation Group and Central Reserve Police Force were conducting anti naxalite search operation in village Judingi, the villagers were assaulted and his daughter (the victim) and his nephew were taken into custody by the Central Reserve Police Force. The father of the petitioner alleges in his petition that the victim and Lazar Majhi were assaulted and taken to some unknown destination. It is further alleged that he came to know that his daughter and Lazar Majhi were taken to Police Camp at Parlakhemundi where they were tortured by the Central Reserve Police Force and his daughter was gang raped and they were sent to judicial custody at R.Udayagiri Sub -Jail. The father of the petitioner alleged that the face of his daughter and Lazar Majhi were covered with black cloth while production before the Magistrate and were not allowed to vent their grievances before the Magistrate. He further alleged that he met his daughter in R.Udayagiri Sub -Jail in the month of March where she stated about the gang rape committed upon her by three C.R.P.F. police personnel in the Camp at Parlakhemundi. The father of the petitioner further alleged that he met his daughter at R.Udayagiri Sub -Jail five times where his daughter narrated about the gang rape by the C.R.P.F. jawans. He further alleged that he made representation to the authorities alleging about the rape committed by the C.R.P.F. jawans on her daughter that went in vain. He alleged that his daughter was in custody in connection with five cases, i.e. G.R. Case Nos.128/2009, 160/2009, 261/2009, 263/2009 and 264/2009 and was an under trial prisoner at Sub -Jail, R.Udayagiri. Thus, alleging about the gang rape upon his daughter, he prayed for inquiry regarding the same as a custodial rape in his application under Section 176(1 -A) of the Code.

(3.) KEEPING in view the aforesaid considerations, the learned Magistrate has held that there is no need to proceed with the inquiry into the alleged rape committed by the police personnel.