KANHI RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) INITIALLY , this petition was filed under Articles 226/227 of the Constitution of India, which has now been treated as one under Section 482 Cr.P.C. vide order dated February 28, 2005.

(2.) PETITIONER Kanhi Ram, uncle of the prosecutrix Biran alias Birmati daughter of Bhajan Lal, has filed this petition for issuing direction to hand over investigation of the case FIR No. 539 dated 22.11.2003 registered at Police Station Palwal, District Faridabad, under Sections 363/366 IPC, to some independent agency, as the police has not properly and fairly investigated the aforesaid case and has wrongly prepared the cancellation report dated 1.9.2004, copy of which has been annexed with the petition as Annexure P-7. A further prayer has also been made for issuing direction to respondent Nos. 1 and 2 to provide security to the life and liberty of the petitioner, prosecutrix and other family members.

(3.) DURING pendency of the said investigation, on 17.1.2004, the prosecutrix came back to her house. On 18.1.2004, her statement under Section 161 Cr.P.C. was recorded by the police, wherein she stated that on 9.11.2003, at about 8/9 a.m., when she alone went to the fields, respondent No. 5 met her on the road and gave her a 'Laddoo' as Parshad. After eating the 'Laddoo', she became unconscious. She was put in a vehicle and taken to Palwal and then to Gaziabad. She further stated that thereafter, she was not aware to which place she was taken. After two days, she came to know that she was in Kurukshetra, where in a room she was raped by respondent No. 5 and one Sanjay. After one day, respondent No. 5 returned back and she was not allowed to go out of room. She further stated that she remained in the room with Sanjay for 20/25 days. She was being raped time and again. After 20/25 days, respondent No. 5 again came and then she was raped by both of them. Thereafter, they wanted to get her married with a third person, to which she refused. Then she was not given meals for 2/3 days. Thereafter, the accused boarded her on a bus and said that it will go to her home. But the bus dropped her at Hapur. She was having no money. Then she was taken by one lady namely Dhanwanti, from where she came to her hone.